Injured seaman awarded disability benefits by SC
THE Supreme Court (SC) has ordered Eagle Clarc Shipping Philippines, Inc. and Wilhelmsen Ship Management AS to pay a seafarer $18,135 in disability benefits and $1,400 in sickness allowance.
In a 10-page resolution, the tribunal affirmed the Court of Appeals’ finding that seafarer Jerome V. de Guia was entitled to the benefits after a company-designated doctor deemed him disabled after suffering a mild degenerative knee injury while at work.
“It is basic that the entitlement of overseas seafarers to disability benefits is a matter governed by law and contract,” it said.
The shipping and manning firms were also ordered to pay legal fees and 6% interest.
Mr. De Guia slipped while repairing a leaky pipe on the M/V Ramform Atlas, injuring his right knee.
A company-designated physician had referred the seafarer to an orthopedic surgeon, who said the man was suffering a mild medial collateral ligament sprain and prescribed rehabilitation.
The treatment was cut short by the surgeon after it was found to be ineffective, with the seaman appealing for an extension for his medical management procedure with Eagle Clarc. The firm rejected his appeal.
Mr. De Guia sought treatment from his personal doctor who issued a medical report declaring him permanently disabled despite therapy. — John Victor D. Ordoñez
