By HERBERT VEGO
IF a certified “fit-to-work” seaman falls ill on the job and resigns, is he entitled to such disability benefits as provided by law?
This predicament haunted oiler Jesus Cayetano while on board the cargo vessel, “MV APL Columbia”. He could not work anymore due to unbearable back pain, breathing difficulty, general fatigue and severe weakness in the first week of April 2011. But that’s going ahead of the story.
Having passed the required pre-employment medical examination, he inked a nine-month contract with Univan Management Services and he boarded the ship on February 6, 2011.
One good reason to feel at home with Univan was that he had previously worked on two of its vessels in as many years.
In his second month on board “MV APL Columbia”, however, Cayetano complained of debilitating back pain, coupled with unexplained weakness of his entire body. He promptly reported the problem to the ship captain and the chief engineer.
While the vessel was docked at Chihuan, China, the ship captain sent Cayetano to a hospital for urinalysis and blood chemistry test, which revealed urine and blood infections, respectively. Doctors prescribed him Chinese medicines.
He reboarded the ship, hoping for gradual recovery. But, on the contrary, even the slightest movement aggravated his back pain. At the next port of call in Singapore on April 1, 2011, he was rushed to the nearest hospital for treatment and laboratory examinations. Alas, since the vessel had only three days left before leaving for Dubai, he asked to be repatriated to Manila.
This time, however, the ship captain would only allow repatriation on one condition: that he submit a letter of resignation so he would be replaced with another oiler who had to be flown from Manila to Dubai.
“Sir,” he protested, “that would deprive me of disability benefits.”
The ship captain insisted on his resignation on the ground that he had not been authorized by the big bosses to have the agency shoulder repatriation expenses.
Cayetano had no more time to wait for the agency’s favorable response to his plea. Since he could no longer bear the pain despite the new drugs administered to him in Singapore, he had no choice but sign a resignation letter. It was only then that he was flown back to Manila.
In Manila, he paid a visit to the office of Univan Management Services, begging for reversal of the ship captain’s decision. He argued that he was entitled to disability benefits in the amount of US $60,000 in accordance with the standard Philippine Overseas Employment Administration (POEA) contract.
It was when he needed money very badly; the company-accredited doctor had already confirmed that he was suffering from “dilated cardiomyopathy,” a debilitating heart disease.
To his dismay, Univan doused cold water on his claim on the pretext that the agency has already spent as much in repatriating him and in flying another oiler from Manila to Dubai.
Undaunted, he sought the help of the Free Legal Assistance for Seafarers (FLAS) group, which promptly filed his claim before the National Labor Relations Commission (NLRC).
The NLRC ruled that since Jesus Cayetano had passed the medical exam prior to boarding the vessel, he obviously caught his illness while on board; and his resignation letter he had signed under duress could not deprive him of financial benefits stipulated in his contract with Univan.
NLRC ordered Univan to pay Jesus Cayetano $60,000.00 for total and permanent disability benefits.
For further information on free legal assistance, please listen to the radio program “Tribuna sang Banwa” aired on Aksyon Radyo-Iloilo every Sunday, 12:30 p.m. to 1:30 p.m., or see paralegal Neri Camiña at GSAT office, Jamerlan Bldg., Iznart St., Iloilo City, or call him on cell phone number 0917-3288742./PN