Labor group hails SC ruling on ship cook

By Samuel P. Medenilla @sam_medenilla

THE recent landmark decision of the Supreme Court in favor of a seafarer who collected disability benefits for a “concealed” medical condition, will now mean better protection for other Filipino sailors, according to a labor group.

The Federation of Free Workers (FFW) welcomed the decision of the High Court in the case of Loue Mutia vs C.F. Sharp Crew Management Inc, et. al., which was released last Friday.

“FFW lauds the Highest Court for upholding the rights of a lowly worker and recognizing his benefit under their collective bargaining agreement [CBA],” FFW president Sonny Matula said in a statement on Sunday.

“ The SC decision has a force and effect of a law and should be followed by lower courts and quasi-judicial bodies, including the CA [Court of Appeals] and NLRC [National Labor Relations Commission] and LA [Labor Arbiters],” he added.

The case was filed by Mutia, who was hired as an assistant cook for MV Norwegian Jade in 2013.

Mutia was repatriated when he sustained a back injury after carrying a box containing 50 kilograms of chicken meat.

Upon his return, he was diagnosed by

Tulfo deplores old, damaged PUP facilities

INVITED by students to visit the facilities of the Polytechnic University of the Philippines (PUP) in Sta. Mesa, Manila, Senator Raffy Tulfo conveyed his disappointment after an ocular inspection validated some of the students’ mounting complaints.

Tulfo appeared at the PUP main campus on June 29 to fulfill the request of students who came to his program “Raffy Tulfo in Action.”

In a statement at the weekend, Tulfo said he was able to confirm the report of PUP students that “school facilities are old, damaged and not conducive for learning.”

“Maaari ngang de-kalidad ang edukasyon sa Polytechnic University of the Philippines [PUP] pero bulok mga pasilidad dito. [The quality of education at PUP may be good, but its facilities are rundown],” he observed.

He said he was dismayed by the appearance of classrooms and buildings. “The equipment at the engineering laboratory, for example, are so outdated. The heat in the hallways and classrooms is unbearable; ventilation is poor, and there are only a few electric fans. Their chairs are begging for replacement. All buildings are not PWD-friendly because

See “PUP,” A4 physicians, included from the Overseas Workers Welfare Administration (OWWA) to be suffering from neuromyelitis optica, an autoimmune disease, which affects the nervous system.

C.F. Sharp and Norwegian Cruise Lines halted their financial support for his treatment, saying Mutia was disqualified from claiming disability benefits for failing to disclose he was suffering from mild hearing loss in his pre-employment medical examinations (PEME).

Burden of proof

MUTIA filed in 2014 a complaint for disability before the Regional Arbitration Branch of the National Labor Relations Commission (NLRC), which was later elevated before the Court of Appeals (CA).

NLRC and C A ruled in favor of C.F. Sharp, as they noted the provision on concealment applies to all pre-existing illnesses or conditions with no exceptions.

The SC, however, reversed the decision in favor of Mutia, saying his back injury, which led to his repatriation, was work-related, and the failure of C.F. Sharp to issue a final medical assessment before it stopped paying medical treatment.

It also noted that the C.F. Sharp failed to present evidence that Mutia “willingly” concealed his hearing problems in his PEME and that it was related to his work-related injury.

This led the High Court to order C.F. Sharp and Norwegian Cruise Line to pay Mutia US$100,000 worth of permanent disability benefit.

Long wait

MATULA hopes the experience of Mutia, who waited for nine years before receiving his permanent disability benefit, will convince lawmakers to scrap the escrow benefit from the bill creating the Magna Carta for Seafarers.

Under escr ow provision, any monetary award for a sick or deceased seafarer from the NLRC or Voluntary Arbitrator of the National Conciliation and Mediation Board (NCMB) will not be immediately available to the seafarer winning the case.

It will still be deposit ed to an escrow account until the “issuance of judgment by the appropriate reviewing court or when the employer or manning agency fails to perfect the appeal or petition for review.”

“ This [Mutia’s case] lengthy process is one of the main reasons why FFW and many seafarers’ unions are strongly objecting to the escrow provision on execution in the proposed Magna Carta for Seafarers,” Matula said.

The legislation creating the Magna Carta for Seafarers is still pending in Congress.