By HERBERT VEGO
DOES it happen in real life that a sick overseas seaman gets a “fit to work” certification from a shipping agency? If so, what for? Let us find out from the personal experience of ship cook Celso Cayaban of Pasay City.
Having worked for seven years as chief cook for ocean-going vessels of Imperial Shipping Corporation, Cayaban thought he was in good hands. And so in his eighth year, he agreed to renew his contract for another nine months as chief cook of the ship M/V Imperial V.
Midway through his contract, however, Cayaban complained of excruciating chest pain and difficulty of breathing, forcing the ship captain to have him airlifted back to Manila.
Following instruction from the ship doctor, he had himself examined by a specialist at NGC Clinic, where he was diagnosed to be suffering from gastro-esophageal reflux disease and hypertension.
If it was any consolation, the shipping agency shouldered his hospitalization and kept paying his monthly salary.
A few days of medication later, he was told by his doctor that he was slowly but surely healing. Although he felt no improvement in his condition, he gave the doctor the benefit of the doubt because he wanted to rejoin the ship to finish his contract.
But he had become weaker and emaciated. The short jeepney trips between home and NGC Clinic were already “exhausting” and causing hypertension.
To his surprise, his doctor issued him a “fit to work” certification. It was an assurance that he was well enough to cook food for the ship’s crew again.
“Be ready,” the doctor appeased him, “for another renewal of your contract.”
The assurance brought no smile to the cook’s face. He knew he had not recovered. Was he being fooled? Why should he be asked to board again when he could hardly walk?
With that lingering doubt in mind, he begged for a “second opinion”; this time from a doctor who had been his friend for a long time.
“They will not offer you another contract,” the doctor friend spoke softly. “In fact, you are not well yet. You need more medicine and time to recover.”
The chance of his gastro-esophageal reflux disease recurring was high. By now, however, his employer had stopped subsidizing his medicine on the pretext that his contract had expired.
Alas, since he could no longer afford his “maintenance medicine” on his meager savings, he begged of the shipping agency to grant him disability benefits.
His plea fell on deaf ears. The agency personnel argued that since he had already recovered as certified by the company doctor, they were no longer obliged to pay him disability benefits.
Rather than give up and watch himself die slowly, Celso Cayaban sought the intercession of the Free Legal Assistance for Seafarers (FLAS) on U.N. Avenue, Manila.
No less than Atty. Pete Linsangan, the lead maritime lawyer of FLAS, buoyed Cayaban’s spirit with the assurance that he would challenge the company position before the National Labor Relations Commission (NLRC).
To make the long story short, NLRC eventually ruled to award Celso Cayaban with disability benefits amounting to US $60,000 on the ground that “his illness has not completely healed,” in effect setting aside the “fit-to-work” certification of the company doctor as biased in the company’s favor.
Ilonggo seamen in conflict with their employers may likewise avail themselves of FLAS assistance through paralegal Neri Camiña, who 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
