SUPREME COURT STRESSES IMPORTANCE OF COMPLIANCE WITH THE THREE-DAY RULE

In an extended Resolution, the Supreme Court stressed the importance of the seafarer's compliance with the three-day mandatory post-employment medical examination reportorial requirement under the POEA Contract.

The case stemmed from a claim by a seafarer who suffered knee pain during his employment.  The seafarer was seen by a shore doctor and was declared fit.  He continued his employment until he finished his contract.  The seafarer went on vacation and saw a local "medicine man" who treated him. It was only five months after that he requested medical assistance with the company.  Despite the belated request, the company referred the seaman to its designated clinic for treatment.  The seafarer was later declared fit after treatment.  The seafarer contested this and sought the opinion of his own doctor who certified him to be permanently unfit for sea duties.
 
The Court again reminded that for a disability to be compensable, the same must be work-related and that the seafarer submitted himself to post-employment medical examination within three days from repatriation. The Court emphasized that the purpose of the three-day mandatory reporting requirement is to enable the company-designated physician to ascertain if the injury or illness is work-related.  After that period, there would be difficulty in ascertaining the real cause of the illness.  This is true regardless of the cause of seafarer's repatriation.
 
Considering that the seafarer only reported for post-employment medical examination five months after his repatriation, his claim was denied.
 
R.M. vs. C.F. Sharp Crew Management, Inc. et.al., G.R. No. 213103, January 17, 2023, First Division, Extended Resolution (Attys. Florencio Aquino and Jamella Joya of DelRosarioLaw handled for vessel interests).

FIRM NEWS

DelRosarioLaw Partner Ma. Gina B. Guinto was Guest Speaker last 9 June 2023 during a virtual online seminar organized by the Arnecke Sibeth Dabelstein/ ASD Academy for Maritime Labour Law in Germany. She spoke about the POEA Seafarers employment agreements as well as industry updates. Also in attendance was DelRosarioLaw Partner Joseph Rebano. The seminar was attended by members from the German shipowners’ association.
 
DelRosarioLaw Partner Ma. Gina B. Guinto swore in as Board of Trustee and Corporate Secretary of the Maritime Law Associate of the Philippines (MARLAW) 2023-2024 last February 22, 2023 before inducting officer, Supreme Court Chief Justice Alexander G. Gesmundo. Also sworn in as officers are DelRosarioLaw Partner Aldrich C. del Rosario, VP for Sports and Recreation and DelRosarioLaw Managing Associate David O. Valencia, VP for Social Medial and Publications.  Justice Gesmundo addressed the inductees underscoring the crucial role of maritime lawyers. For the maritime industry, Justice Gesmundo spoke about the attention given to the law against ambulance-chasing as well as on-going deliberations on third doctor examination.
 
DelRosario Law Partners Joseph Rebano and Ma. Gina Guinto were guest speakers at the Nord Hamburg-Seacrest Crew Conference last 7 March 2023 at the Diamond Makati Residences.  Joseph discussed the recent industry developments and government/legislation efforts in advancing vessels interest while Gina spoke about the Ambulance-chasing law of the Philippines. 
 
 
Del Rosario & Del Rosario named as 2022 Best Boutique Law Firm by the Asian Business Law Journal
  
We are proud to announce that Del Rosario & Del Rosario was awarded the Best Boutique Law Firm for 2022 by the Asia Business Law Journal.  Despite the challenges brought about by the pandemic, DRLaw remained resilient in 2022 as it has assisted clients in over 1,000 crew claims with potential exposure of up to several hundred thousand dollars per claim.  Some claims were cross-border jurisdictional issues, which required the firm to issue opinions and affidavits supporting Philippine exclusive jurisdiction. The law firm is also actively involved in drafting the so-called magna carta for seafarers, including revisions to the POEA Contract, which provides minimum
employment terms for Filipino seafarers.
 
Citing a prominent client: "DelRosario & DelRosario is very much approachable and close to the ground to understand client's needs.  They focus on providing practical and simple solutions for clients to navigate through complex legal or legislative requirements."

While we congratulate the men and women of DelRosario Law, we would like to extend our deepest appreciation and thanks to our clients, friends and colleagues in the industry for their unwavering support and trust given to the firm.  This will only further strengthen our resolve to strengthen our vision to exceed clients' expectations.

Doctors' Summit

DelRosarioLaw and DelRosario Pandiphil conducted an interactive seminar with the various major post-employment medical clinics last 14 March 2023. DelRosarioLaw Partner Florencio Aquino conducted the presentation to guide and assist the doctors in providing their medical assessment aligned with the POEA Contract, Labor Code and jurisprudence.  This was followed by a collaborative discussion among the attendees which would be useful in the doctors' handling of medical cases.  As jurisprudence continues to change, the Firm will continue to conduct periodic discussions with the doctors. Thank you to all the participants and see you again in the next forum.

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Areas of Specialization:  Labour & personal injury, litigation and dispute resolution, corporate and commercial, shipping and admiralty, intellectual property, cargo claims and charter party, transport, insurance and reinsurance, arbitration and ADR, immigration
 
 “‘Outstanding’ shipping boutique Del Rosario & Del Rosario is regularly sought out by the international group of P&I clubs as well as insurance companies and cruise lines. The firm has expertise in all aspects of shipping matters including labour, personal injury, vessel arrest, collisions, salvage, oil pollution, damage of cargoes, bunker claims, protection and indemnity, and ship finance. Its notable IP group has also been engaged by global giants such as Facebook, Instagram, LinkedIn and Sony”. 2021 AsiaLaw Profile
 
“Specialising in maritime law, Del Rosario & Del Rosario is best known for acting for multinational clients in disputes relating to oil pollution, damaged cargo, salvage and vessel arrest. The group also has an extensive labour practice which is active in a full range of disputes involving Filipino seafarers. Del Rosario advise a variety of noteworthy clients, including shipping companies, insurers and P&I clubs.” 2021 Legal 500 Asia Pacific.