13/11/2023
SC Upholds Disability Claims of Seafarer Injured while Playing Basketball |
The Supreme Court has ordered a ship management company and its corporate officers to pay US$90,000 as total and permanent disability benefits to its seafarer employee who suffered an injury while playing basketball on board a ship during his free time.
In a 21-page Decision penned by Associate Justice Samuel H. Gaerlan, the Court granted the petition under Rule 45 of the Rules of Court filed by Rosell R. Arguilles (Arguilles) which sought to annul and set aside the January 24, 2020 Decision and November 9, 2020 Resolution of the Court of Appeals (CA). The said issuances of the CA affirmed the National Labor Relations Commission (NLRC) Resolution which, in turn, reversed the Decision of the Labor Arbiter in favor of Arguilles in a complaint for disability benefits against his former employer, respondents Wilhelmsen Smith Bell Manning, Inc., its principal Wilhelmsen Ship Management Ltd., and Fausto R. Preysler, Jr.
Arguilles, a Seaman, suffered an ankle injury on December 26, 2016, while playing basketball on board the vessel M/V Toronto. Despite medical repatriation and surgery, his disability claims which were initially granted by the Labor Arbiter was later reversed by the NLRC, a decision affirmed by the CA. The Supreme Court, however, ruled in favor of Arguilles, emphasizing that playing basketball was an employer-sanctioned activity and not a reckless or deliberate act, making the injury compensable. The Court emphasized the relevance of the 2010 Philippine Overseas Employment Administration Standard Employment Contract and the collective bargaining agreement in determining Arguilles' claims, stating that the injury fell within the definition of a work-related injury. Additionally, the Court highlighted the duty of employers to provide a seaworthy ship and take precautions to prevent accidents and injuries to the crew, as outlined in the POEA SEC.
The Court also held that Arguilles' entitlement to full disability benefits had lapsed due to the absence of a certification within specified periods, and it declared the corporate officers jointly and severally liable with the ship management company for the total judgment award, citing the Migrant Workers and Overseas Filipinos Act of 1995.
Read more at https://sc.judiciary.gov.ph/sc-upholds-disability-claims-of-seafarer-injured-while-playing-basketball/. Read the Decision in full at https://sc.judiciary.gov.ph/254586-rosell-r-arguilles-vs-wilhelmsen-smith-bell-manning-inc-wilhelmsen-ship-management-ltd-and-fausto-r-preysler-jr/.
