Work -related injury suffered by a navigator

Dear Pao,

I have a brother who is currently working as a navigator. He was repatriated last month due to a crushed crushed ligament, which he supported while playing on board the ship during a sports tournament. The injury required surgery and several sessions for rehabilitation of physical therapy. My brother tried to submit invalidity benefits, but his employer claimed that his injury was not related to work. Is his employer correct?

Song

Dear song,

Section 115, Rule I, Part IV, in connection with Regulation II, Part II of the Rev. Regulation and regulations in 2016, which regulates the recruitment and hiring of navigators, stipulates that the minimum terms and the conditions for employing the navigators will be regulated by the standard employment contract prescribed by the Filipina Employment Administration (POEA). According to the definition of the terms in the POEA century, a work related to work is an “injury that results from and during the employment”. This definition does not explicitly require a navigator to suffer injury only while actively performs his duties.

There is no question that your brother suffered his injury while his employment contract was still in force and, while he was still aboard the transport ship.

Moreover, according to the personal comfort doctrine, the personal service documents for the comfort or comfort of the employee is a employment incident. The Supreme Court stated this doctrine in the case of oscares vs. Magsaysay Maritime Corp.

“In the house of luzon stevedoring corporation v. Workmen’s Compensation Commission, The Court Held That ‘Acts Reasonably Necessary to Health and Comfort of An Employee As Work, Such as Satisfaction of Hist, Hunger, Or Other Cold, is incidental to the employment and injuries sustained in the performance of sucks is compensable as arising out of and in the Course of Employment. no.

“In this case, Oscares’ song act can be considered necessary for his health and comfort, while on board the ship. He endured his injury while he performed this act. Oscares was not willingly and did not act with a notorious negligence. someone.

Thus, your brother’s employer is responsible for the benefits of compensation that arise from the injury that your brother has suffered while playing in a sports tournament sanctioned by the company. It is worth noting, however, that not all the wounds suffered by a navigator aboard the transport ship are compensable. Section 20 (D) of POEA-Sec expressly provides:

“D. No compensation and benefits for no injury, incapacity, disability or the death of the navigator, resulting from his willing or criminal act or the intentional violation of his duties, however, that the employer may prove that such injury, incapacity, disability or death is directly attributed to the navigator.”

In the case of Arguilles vs. Wilhelmsen Smith Bell Manning, Inc./ Wilhelmsen Ship Management Ltd. and Preysler (GR no. 254586, July 10, 2023, Pertete: Honorable justice associate Samuel H. Garlan), the Supreme Court stated that:

“According to this provision, a navigator is disqualified from receiving invalidity benefits if the employer proves: (1) that injury, inability or disability is directly attributable by the navigator;

“As it is undeniable that the injury of the petitioner happened during his mandate, the task is based on respondents to demonstrate by substantial evidence that such injury has been directly attributed to his deliberate or willful act.

“Here, the petitioner has played only basketball, an activity sanctioned by the employer on board the ship. It cannot be considered a reckless or deliberate activity, which is not safety of someone’s safety. The records are devoid of any evidence, the less the least indication, that the injury suffered by the petitioner has been intense or

Although a navigator cannot request benefits of compensation for wounds, disabilities, disabilities or death resulting from his willing or criminal law or the intentional violation of his duties, the shipping company bears the task of proving that the injury or death sustained by the navigator was a result of his willful or deliberate act.

We hope that we managed to answer your questions. This advice was based exclusively on the facts you told about our appreciation of the same thing. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continuous trust and support.

Editor’s note: Dear Pao is a daily column of the public lawyer’s office. Questions for Acosta can be sent to (e -mail protected)