Disability Compensation Benefits under the CBA Amounting to US$148,500.00 Awarded to Seaman
National Capital Region Arbitration Branch awarded US$148,500.00 as disability compensation benefits under the CBA to a seaman.
In a decision dated 27 March 2012, the labor arbiter declares the seaman entitled to disability compensation benefits under the CBA in the amount of US$148,500.00.
Complainant was hired by the manning agency as “Master” for a contract period of nine (9) months to work onboard a vessel. His employment contract was covered by the IBFJSU/AMOSUP-IMMAJ CBA.
During his employment, complainant suffered a Cardiogenic Cerebral Embolism and Atrial Fibrillation, which caused his confinement in one of the hospital of Japan. As a result, he was medically repatriated.
The sole issue raised in this case is the entitlement of permanent total disability compensation benefits under the CBA.
“The POEA Standard Employment Contract/CBA is designed to favor seafarers’ lowly cause. Every provision of the said contract must provide and supplant, and not clip, every disabled seafarer’s entitlement to disability compensation”, the Labor Arbiter ruled.
The Labor Arbiter further ruled citing the case of Quitoriano vs. Jebsens, January 21, 2010, that the seafarer is entitled to permanent and total disability benefits under the CBA in case of cerebro-vascular accident which suffered on board the vessel.
In this case, the Labor Arbiter pointed out that a cardiogenic cerebral embolism which the complainant experiences on board the vessel, is a cerebral stroke or a cerebrovascular accident.
Research, Information and Publications Division
National Labor Relations Commission