Laws & Jurisprudence
DEATH BENEFITS OF SEAFARERS
7:32 AM
The death of a seaman during the term of
employment makes the employer liable to his heirs for death compensation
benefits, but if the seaman dies after the termination of his contract of
employment, his beneficiaries are not entitled to the death benefits. Federico
did not die while he was under the employ of petitioners. His contract of
employment ceased when he arrived in the Philippines on March 30, 1998, whereas
he died on April 29, 2000. Thus, his beneficiaries are not entitled to the
death benefits under the Standard Employment Contract for Seafarers. (SOUTHEASTERN
SHIPPING, SOUTHEASTERN SHIPPING GROUP, LTD., v. FEDERICO U. NAVARRA, JR., G.R. No. 167678, 22 June 2010)
In
Southeastern Shipping v. Navarra, Jr., we declared that "in order to avail
of death benefits, the death of the employee should occur during the
effectivity of the employment contract." "The death of a seaman
during the term of employment makes the employer liable to his heirs for death
compensation benefits. Once it is established that the seaman died during the
effectivity of his employment contract, the employer is liable." Xxxx
Indeed, the death of a seaman several months after his repatriation for illness
does not necessarily mean that: a) the seaman died of the same illness; b) his
working conditions increased the risk of contracting the illness which caused
his death; and c) the death is compensable, unless there is some reasonable
basis to support otherwise. (MEDLINE MANAGEMENT, INC. and GRECOMAR
SHIPPING AGENCY v. GLICERIA
ROSLINDA and ARIEL ROSLINDA, G.R. No. 168715, September 15, 2010)
The death of a
seaman during the term of employment makes the employer liable to his heirs for
death compensation benefits. Once it is established that the seaman died during
the effectivity of his employment contract, the employer is liable. This
rule, however, is not absolute. The employer may be exempt from liability if he
can successfully prove that the seaman's death was caused by an injury directly
attributable to his deliberate or willful act. (MARITIME FACTORS INC., v.
BIENVENIDO R. HINDANG, G.R. No. 151993,
19 October 2011)
Under the Amended POEA Contract, work-relatedness is now an important
requirement. Thus, there is a need to show that the injury resulting to
disability or death must arise (1) out of employment, and (2) in the course of
employment. As a matter of general proposition, an injury or accident is said
to arise "in the course of employment" when it takes place within the
period of the employment, at a place where the employee reasonably may be, and
while he is fulfilling his duties or is engaged in doing something incidental
thereto. (SUSANA R. SY v. PHILIPPINE TRANSMARINE CARRIERS, INC., AND/OR SSC
SHIP MANAGEMENT PTE., LTD., G.R. No. 191740, 15 February 2013)
The absence of a post-employment medical
examination cannot be used to defeat respondent’s claim since the failure to
subject the seafarer to this requirement was not due to the seafarer’s fault
but to the inadvertence or deliberate refusal of petitioners. (INTERORIENT
MARITIME ENTERPRISES, INC., INTERORIENT ENTERPRISES, INC., and LIBERIA AND
DOROTHEA SHIPPING CO., LTD., v. LEONORA
S. REMO, G.R. No. 181112, 29 June 2010)
Private respondents cannot deny
liability for the subject death by claiming that the seafarer’s death occurred
beyond the term of his employment and worse, that there has been
misrepresentation on the part of the seafarer. For, as employer, the private
respondents had all the opportunity to pre-qualify, thoroughly screen and
choose their applicants to determine if they are medically, psychologically and
mentally fit for employment. That the seafarer here was subjected to the
required pre-qualification standards before he was admitted as Cook-Steward, it
thus has to be safely presumed that the late Remo was in a good state of health
when he boarded the vessel. (INTERORIENT MARITIME ENTERPRISES, INC.,
INTERORIENT ENTERPRISES, INC., and LIBERIA AND DOROTHEA SHIPPING CO., LTD., v.
LEONORA S. REMO, G.R. No. 181112, 29
June 2010)
Indeed, in
order to avail of death benefits, the death of the employee should occur during
the effectivity of the employment contract. The death of a seaman during the
term of employment makes the employer liable to his heirs for death
compensation benefits. This rule, however, is not absolute. The employer may be
exempt from liability if it can successfully prove that the seaman's death was
caused by an injury directly attributable to his deliberate or willful act. (CREWLINK,
INC. and/or GULF MARINE SERVICES v. EDITHA TERINGTERING, for her behalf and in
behalf of minor EIMAEREACH ROSE DE GARCIA TERINGTERING, G.R. No. 166803, 11 October 2012)
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