Labor group hails SC ruling on ship cook | Samuel P. Medenilla

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The recent landmark decision of the Supreme Court in favor of a seafarer who collected disability benefits for a “concealed” medical condition, will now mean better protection for other Filipino sailors, according to a labor group.

THE recent landmark decision of the Supreme Court in favor of a seafarer who collected disability benefits for a “concealed” medical condition, will now mean better protection for other Filipino sailors, according to a labor group.

“The SC decision has a force and effect of a law and should be followed by lower courts and quasi-judicial bodies, including the CA [Court of Appeals] and NLRC [National Labor Relations Commission] and LA [Labor Arbiters],” he added.Mutia was repatriated when he sustained a back injury after carrying a box containing 50 kilograms of chicken meat.

NLRC and CA ruled in favor of C.F. Sharp, as they noted the provision on concealment applies to all pre-existing illnesses or conditions with no exceptions. This led the High Court to order C.F. Sharp and Norwegian Cruise Line to pay Mutia US$100,000 worth of permanent disability benefit.Matula hopes the experience of Mutia, who waited for nine years before receiving his permanent disability benefit, will convince lawmakers to scrap the escrow benefit from the bill creating the Magna Carta for Seafarers.

 

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