Philippine Shipping Updates – Manning Industry [Download]
Injury due to fighting not compensable
By: Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., March 14, 2005
Oiler James Martin while on shore leave at a pub had an altercation with the 2nd officer. The next day, the crew members were awaked by a loud commotion. They saw the oiler armed with a steelpipe and the 2nd Officer holding a knife furiously fighting. After they were finally separated they were brought to the hospital for treatment. After hearing by the grievance committee, both, as penalty, were repatriated to the Philippines.
Oiler was treated In Manila for ruptured eyeball, right eye, S/P corneoscleral repair. He filed a claim for disability benefits alleging that vessel owners failed to heed the petition of the crewmembes to replace the 2nd Officer.
The Labor Arbiter denied the claim for disability benefits using as basis complainant’s own admission of fighting, the master’s incident report and the crewmember’s testimonies. On appeal, the NLRC dismissed the appeal. The NLRC ruled that the disability is due to seafarer’s own willful act which does not entitle him to benefits under the contract. In the words of the NLRC: “It was a willful act on the part of complainant and the act of fighting is a criminal act. Evidence adduced established that the said injury is directly attributable to the complainant. Hence, applying the provisions of Section 20, paragraph (d) of the POEA Standard Employment Contract and Section 1 of Article XXI of the JSU-Amosup CBA, the injury sustained by the complainant is not compensable.”
Jaime Martin vs. Gloria Maritime & Agency Inc. et.al. , NLRC NCR CA No. 030516-02 (NCR-OFW(M)-00-1686-00), November 28, 2003
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