5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Buenaflor without first determining whether his illness and resulting death are covered by the terms and conditions thereof. The determination of which is more favorable between the Masterbulk Agreement and POEA-SEC is proper only when it has been established that Buenaflor's death is compensable under both. A review of the Masterbulk Agreement shows that Buenaflor's death is not within its coverage. The terms and conditions under Section 28 of the Masterbulk Agreement which the NLRC applied in assessing the compensability of Buenaflor's death is limited to 1) injuries, and 2) death during service on board, occurring while travelling to and from the vessel, or death caused by marine or other similar peril. The term "injury" has a technical meaning under the Labor Code. It pertains to any harmful change in the human organism from any accident arising out of and in the course of the employment. [15] This technical definition brings Buenaflor's liver cancer out of the coverage of Section 28 of the Masterbulk Agreement. While the CA and the NLRC are correct in saying that death under the Masterbulk Agreement is compensable regardless of its cause, the Masterbulk Agreement, however, limited this compensability to deaths during service on board, occurring while travelling to and from the vessel, or to deaths caused by marine or other similar peril. Thus, Buenaflor's death which occurred in the Philippines few months after his repatriation also does not fall under the coverage of Section 28 of the Masterbulk Agreement. Employment contracts or CBAs may enlarge the minimum requirements of the POEASEC to make them more favorable and beneficial to the employees. However, in case of insufficiency in the terms and conditions of the employment contract or CBA, which renders the seafarer unqualified or unable to claim benefits therein, the POEA-SEC operates to fill the gaps in order to raise the seafarers' benefits to the minimum. Sec. 20 (B)(1)(4) of the POEA-SEC provides for compensation for work-related illnesses and deaths which may not occur under the circumstances specified, but existed during the term of the seafarer's contract. This Section pertinently reads: SECTION 20. COMPENSATION AND BENEFITS. — B. COMPENSATION AND BENEFITS FOR DEATH 1. In case of work-related death of the seafarer during the term of his contract, the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment. xxxx 4. The other liabilities of the employer when the seafarer dies as a result of work-related injury or illness during the term of employment are as https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498 6/12