By HERBERT VEGO
IS an indisposed seaman who quits within his first week of work entitled to disability benefits?
Ramon Caro knew he was entitled to it. But the shipping agency Global Gateway would not pay him a single cent. After all, he did not look like someone who would fight for his entitlement.
Caro, a native of Santa Barbara, Iloilo, went on board the ship Globo 1 as chief cook on July 3, 2013 after passing the pre-employment medical examination. He had signed a nine-month contract.
He was not really new to the job. For six years since the year 2007, he had served other vessels managed by Global Gateway.
On July 10, however, Caro did not report for kitchen work. He could not even stand without toppling down. He had difficulty breathing.
As soon as the ship reached its first port of call, the crew brought Caro to the nearest hospital. A CT scan revealed that he was bleeding in the brain. He had to be operated on immediately.
The ship captain, however, acting on phoned-in instruction from the shipping agency, decided that patient Ramon Caro be repatriated to undergo surgery in Metro Manila.
Doctors at the Chinese General Hospital in Quezon City diagnosed his disease to be aneurism. There was no way to prevent fatal hemorrhage and remove blood clot except through surgery, which was done on August 1, 2013. He was discharged on August 6 when he was well enough to stand and walk slowly.
There were two things wrong with him, however. His head ached permanently. And whenever he stood up, his eyes would close involuntarily. On his first post-operative check-up, he was told not to worry; he just needed more time to heal.
On his second check-up in the hospital, he felt that his condition had never improved. He still had chronic headache. To his surprise, his doctor pronounced him “cured,” and so would not have to come back for another check-up.
He suspected that the false “verdict” was meant to free the shipping agency from giving him disability compensation.
He even heard agency personnel passing the word that it was not right of him to claim compensation for only a week’s work.
Knowing that he was no longer capable of working again, he literally begged of the company management to grant him disability benefits that would tide his family over and enable him to buy maintenance medication.
His plea fell on deaf ears.
At this point in time, a friend of his advised him to hear the Tribuna sang Banwa radio program of Neri Camiña, a paralegal of the Free Legal Assistance for Seafarers (FLAS). It was by listening to the program that Caro came to know about the free legal aid that FLAS was extending to Filipino seamen on overseas vessels.
On Camiña’s advice, Caro met with the legal team of FLAS, who assured him that since he was serving a nine-month contract when he fell ill, it did not matter that he worked for only one week. Disability is always ground for compensation claim, considering that he had been certified “fit to work” before boarding the vessel.
Atty. Peter Linsangan, head lawyer of FLAS, promised to bring his case to the National Labor Relations Commission (NLRC). But first, he tried what is known in maritime circle as “single entry approach,” where a labor arbiter would settle the conflict.
During the conference among FLAS, Global Gateway personnel and the arbitrator, the agency agreed to pay the indisposed chief cook the amount of US$50,000.
Ramon Caro accepted the offer.
Ilonggo seamen in conflict with their employers may likewise take advantage of FLAS services through paralegal Neri Camiña, who holds office at M&Q Salon at Jamerlan Bldg., Isnart St.,Iloilo City.
Camiña hosts the radio program Tribuna sang Banwa, 12:30 p.m. to 1:30 p.m. every Sunday over Aksyon Radyo. He may be contacted through cell phone number 09177951584./PN
