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Maintenance and Cure

Apr 07, 2025

Thanks

I thoroughly enjoyed the lecture (though long) as it brought me back to my days lawyering for PANDIMAN from 2005 to 2007. My firm then was new to the manning scene and this allowed us to argue cases with fresh eyes. If I may say so, our novel arguments on the dismissal of complaints where the seafarer had a CBA and there was no prior resort to the NCMB, led to the amendment of the NLRC Rules. Proud moment there. I also handled the case of Illescas that you mentioned but am surprised that the CA and SC ruled in favor of the seafarer. We won the case on appeal and I cannot see how a petition for certiorari, which is not an appeal but an original action, prospered given the stringent parameters for the writ's issuance. I do have an issue with the permanent disability theory based on the Labor Code provision that states that one's inability to resume his usual work shall be considered as permanent total disability. I believe I have argued this before that the Labor Code cannot supplant the provisions of the SEC as the latter has peculiar terms and conditions. The Labor Code provision on permanent disability should be applied in claims for workmen's compensation with the SSS, but not as a benchmark for determining the nature of a seafarer's disability. Indeed, seafarer who has lost a leg will be unable to resume his work, but under the SEC it has its own disability grading. Anyway, thanks for this. It has been more than 18 years since I stopped doing maritime work. Your lecture brought back the good old days.

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