08/06/2026
๐จ๐ณ๐จ๐ด ๐ต๐๐ถ ๐ฉ๐จ ?! ๐ญ๐๐ฐ !!!
๐ด๐๐๐๐๐ ๐๐๐ ๐๐๐๐
๐ ๐๐๐๐๐๐๐๐๐๐ !!!
Na kapag na injured ka sa barko kahit ito ay nangyari after working hours at your free time habang kayo ay naglalaro ng BASKETBALL, maaari kang makaclaim sa kompanya mo?
โ๏ธ ๐๐ ๐๐ฉ๐ก๐จ๐ฅ๐๐ฌ ๐๐ข๐ฌ๐๐๐ข๐ฅ๐ข๐ญ๐ฒ ๐๐ฅ๐๐ข๐ฆ๐ฌ ๐จ๐ ๐๐๐๐๐๐ซ๐๐ซ ๐๐ง๐ฃ๐ฎ๐ซ๐๐ ๐ฐ๐ก๐ข๐ฅ๐ ๐๐ฅ๐๐ฒ๐ข๐ง๐ ๐๐๐ฌ๐ค๐๐ญ๐๐๐ฅ๐ฅ ๐๐ฆ๐จ๐ฎ๐ง๐ญ๐ข๐ง๐ ๐ญ๐จ ๐๐$90,000.
๐ In G.R. No. 254586 (Arguilles v. Wilhelmsen Smith Bell Manning, Inc./Wilhelmsen Ship Management Ltd., and Preysler, Jr., July 10, 2023)
The Supreme Court has ordered a ship management company and its corporate officers to pay ๐๐$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.
The Court noted that the POEA SEC defines a work-related injury as an โinjury arising out of and in the course of employment,โ which does not require that a seafarer must suffer an injury while he or she is in actual performance of his or her duties. The Court added that Section 2(A) of the POEA SEC likewise provides that a seafarerโs contract of employment shall be effective until his or her date of arrival at the point of hire, upon termination of his or her employment.
The Court also said that an employer is duty-bound to provide a seaworthy ship for the seafarer and take all reasonable precautions to prevent accident and injury to the crew, under Section 1(A)(4) of the POEA SEC.
โ๏ธCAVEAT:
Not all injuries sustained by a seafarer on board a ship shall be compensable, as employers were never intended to be insurers against all accidental injuries their employees might incur while in the course of employment.
Citing Section 20(D) of the POEA-SEC, which states that a seafarer shall be disqualified from receiving disability benefits of the employer is able to prove that: (1) the injury, incapacity, or disability is directly attributable to the seafarer; (2) the seafarer committed a crime or willful breach of duties; and (3) the causation between the injury, incapacity, or disability, and the crime or breach of duties.
In the case of Arguilles, he was โmerely playing basketball, an employer-sanctioned activity onboard the vessel. It cannot be considered as a reckless or deliberate activity that is unmindful of oneโs safety,โ remarked the Court. โThe records are bereft of any evidence, much less the slightest indication, that the injury suffered by [Arguilles] was intentionally or negligently incurred. Thus, his injury is worthy of compensation.โ
The Court further held that in any event, Arguillesโ entitlement to full disability benefits had already lapsed by operation of law. Since no certification as to Arguillesโ condition was issued by the company-designated physician within the 120-day and 240-day periods contemplated by the Court in Elburg Shipmanagement Phils. v. Quiogue, Jr. on claims for total and permanent disability benefits by a seafarer, his condition had already lapsed into total and permanent disability.
โฌ๏ธ๐๐๐๐ ๐๐๐๐ ๐๐๐๐๐๐ !!!
๐ฉAsk ๐๐๐๐ ๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐ for more info.
โ +63919-504-3733
๐Baer Law and Accounting, 2nd Floor (above Chinabank), La Forteza Subd., Zabarte Rd., (beside Novadeci), North Caloocan
