In recent years crew claims continue to have a significant impact on the NNPC, on the one hand caused by substantial hospital costs and costs of repatriation, on the other hand due to the fact that certain countries can be particularly litigious.
In particular with respect to handling crew claims involving Philippines seafarers, we draw our members’ attention to the emphasis which recent Supreme Court rulings in the Philippines have placed on the collection of evidence and the need to following the requirements of POEA whenever claims are handled:
- Collection of evidence: Two recent cases have illustrated the need to ensure that sufficient evidence is collected as soon as possible to properly support a defence of the employers legal position, in particular evidence of medical reports and treatment. In the first case a seafarer brought legal proceedings against the shipowner for full disability benefits related to a panic disorder, which he had alleged were related to his work duties placing undue pressure on him. The Supreme Court held that his own doctor’s opinion supported the argument that his illness was work related and outweighed the company-designated doctor’s which had merely concluded that a causal link could not be shown. In the second case, a seafarer had sued for the medical treatment and sick wages related to a malignant melanoma which he had attributed to prolonged sunlight exposure during on board over 15 years, again the shipowner had failed to submit any medical evidence as to whether or the condition was workrelated. In both cases the Supreme Court emphasized that it will favour a seafarers’ substantive claims over inconclusive company assessments where the employer has failed to show that the underlying medical condition was not work related. These two recent cases confirm the need for proper medical assessments being conducted and medical reports issued throughout the treatment of the seafarer. Such reports should provide a clear diagnosis and should be obtained as early on as possible. Any reports should be shared with the seafarer in writing.
- Procedures: In another case the Supreme Court dismissed a seafarer’s claim for disability benefits as premature on the grounds that the seafarer had failed to continue medical treatment The Supreme Court ruled that the complaint lacked legal standing as the medical treatment was not completed and the seafarer had not submitted his own medical report. Notably, the seafarer abandoned treatment for two months, violating POEA-SEC terms. The seafarer’s claim was therefore dismissed. The decision highlights the need to ensure that all formal steps under the POEA are followed when providing medical treatment and to properly document any failure on the seafarer to co-operate when medical treatment is offered. Members should furthermore ensure that a final medical assessment (and insofar relevant, a disability grading) is obtained prior to the expiry of the 120 /240 day period after repatriation of the seafarer. Also this should be formally communicated to the seafarer and it should be documented that the seafarer has received and understood the medical assessment provided.
In order to assist with this process we recommend that members ensure that whenever a new medical case arises the following information is secured as soon as possible:
- Copies of vessel logs – including work and rest hours for the seafarer
- Statement of Master and Crew describing the incident or the circumstances under which the seafarer was repatriated
- Copy of the employment contract and CBA
- Copy of PEME documentation in respect of physical and mental checks (in so far available)
- Medical reports – both of treatment abroad as home
- Copy of the incident report (in the event of an injury)
- Copies of records issued by or to authorities in respect of the incident (port state control, police or harbour authorities etc.)
We encourage our members to contact us as soon as they have any incident requiring repatriation to allow us to arrange for the assistance of our medical correspondents and to assist with gathering evidence and ensuring any formal steps are followed
Members are invited to contact the NNPC claims team via claims@nnpc.nl with requests of assistance or advice.
