Economic Analysis of Conflicting Medical Assessments for Seafarer's Disability Claims

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Labor Law News

Jurisprudence,Labor Claims,Filipino Seafarers

Supreme Court Senior Associate Justice Marvic Leonen provides an economic analysis of conflicting medical assessments for seafarer's disability claims, highlighting the impact of law and economics on labor claims involving Filipino seafarers.

Jurisprudence on labor claims, including those involving Filipino seafarers, can be influenced by the interface of law and economics. (GR 253480, April 25, 2023), Supreme Court Senior Associate Justice Marvic Leonen gave an economic analysis of conflicting medical assessments for seafarer’s disability claims.

Leonen noted that the seafarer’s employment contract is strictly regulated by the government due to the unaccounted consequences that the contracts produce, mostly in the form of work-related risks and injuries. In economics, these are referred to as “externalities,” which are unintended effects or consequences of an activity that affects the parties but are not reflected and imposed as a cost. In employing seafarers, the manning agency and the shipping company, which have control over the ship, bear the burden of complying with safety regulations. Imposing a liability induces the employers and the injured seafarers to be burdened with the cost of the harm when they fail to take precaution

 

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