DEATH BENEFITS OF SEAFARERS

The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits, but if the se...

The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits, but if the seaman dies after the termination of his contract of employment, his beneficiaries are not entitled to the death benefits. Federico did not die while he was under the employ of petitioners. His contract of employment ceased when he arrived in the Philippines on March 30, 1998, whereas he died on April 29, 2000. Thus, his beneficiaries are not entitled to the death benefits under the Standard Employment Contract for Seafarers. (SOUTHEASTERN SHIPPING, SOUTHEASTERN SHIPPING GROUP, LTD., v. FEDERICO U. NAVARRA, JR., G.R. No. 167678, 22 June 2010)

In Southeastern Shipping v. Navarra, Jr., we declared that "in order to avail of death benefits, the death of the employee should occur during the effectivity of the employment contract." "The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits. Once it is established that the seaman died during the effectivity of his employment contract, the employer is liable." Xxxx Indeed, the death of a seaman several months after his repatriation for illness does not necessarily mean that: a) the seaman died of the same illness; b) his working conditions increased the risk of contracting the illness which caused his death; and c) the death is compensable, unless there is some reasonable basis to support otherwise. (MEDLINE MANAGEMENT, INC. and GRECOMAR SHIPPING AGENCY v. GLICERIA ROSLINDA and ARIEL ROSLINDA, G.R. No. 168715, September 15, 2010)

The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits. Once it is established that the seaman died during the effectivity of his employment contract, the employer is liable. This rule, however, is not absolute. The employer may be exempt from liability if he can successfully prove that the seaman's death was caused by an injury directly attributable to his deliberate or willful act. (MARITIME FACTORS INC., v. BIENVENIDO R. HINDANG, G.R. No. 151993, 19 October 2011)

Under the Amended POEA Contract, work-relatedness is now an important requirement. Thus, there is a need to show that the injury resulting to disability or death must arise (1) out of employment, and (2) in the course of employment. As a matter of general proposition, an injury or accident is said to arise "in the course of employment" when it takes place within the period of the employment, at a place where the employee reasonably may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto. (SUSANA R. SY v. PHILIPPINE TRANSMARINE CARRIERS, INC., AND/OR SSC SHIP MANAGEMENT PTE., LTD., G.R. No. 191740, 15 February 2013)

The absence of a post-employment medical examination cannot be used to defeat respondent’s claim since the failure to subject the seafarer to this requirement was not due to the seafarer’s fault but to the inadvertence or deliberate refusal of petitioners. (INTERORIENT MARITIME ENTERPRISES, INC., INTERORIENT ENTERPRISES, INC., and LIBERIA AND DOROTHEA SHIPPING CO., LTD., v. LEONORA S. REMO, G.R. No. 181112, 29 June 2010)

Private respondents cannot deny liability for the subject death by claiming that the seafarer’s death occurred beyond the term of his employment and worse, that there has been misrepresentation on the part of the seafarer. For, as employer, the private respondents had all the opportunity to pre-qualify, thoroughly screen and choose their applicants to determine if they are medically, psychologically and mentally fit for employment. That the seafarer here was subjected to the required pre-qualification standards before he was admitted as Cook-Steward, it thus has to be safely presumed that the late Remo was in a good state of health when he boarded the vessel. (INTERORIENT MARITIME ENTERPRISES, INC., INTERORIENT ENTERPRISES, INC., and LIBERIA AND DOROTHEA SHIPPING CO., LTD., v. LEONORA S. REMO, G.R. No. 181112, 29 June 2010)


Indeed, in order to avail of death benefits, the death of the employee should occur during the effectivity of the employment contract. The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits. This rule, however, is not absolute. The employer may be exempt from liability if it can successfully prove that the seaman's death was caused by an injury directly attributable to his deliberate or willful act. (CREWLINK, INC. and/or GULF MARINE SERVICES v. EDITHA TERINGTERING, for her behalf and in behalf of minor EIMAEREACH ROSE DE GARCIA TERINGTERING, G.R. No. 166803, 11 October 2012)

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