6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly of any illness while on board the vessel nor was it established that Awatin was repatriated due to an illness. Thus, the CA did not err when it ruled that the provisions of the POEA Standard Employment Contract are explicit that for a seafarer's death to be compensable, the death must be shown to have occurred during the term of the employment contract. The determination of whether or not the death was the result of a work-related illness becomes necessary only when the above condition has been satisfied because of the rule that “the mere death of a seaman during the term of his employment is not sufficient to give rise to compensation.”[11] Section 20 (A) sub-paragraphs 1 and 4 of the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-going Vessels on compensation and benefits in case of death of a seafarer provides: “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 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 employment.” “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 follows: a. The employer shall pay the deceased's beneficiary all outstanding obligations due the seafarer under this Contract. b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employer's expense except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master's best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer's remains. c. The employer shall pay the beneficiaries of the seafarer the Philippine currency equivalent to the amount of One Thousand US dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment. On the basis of the foregoing provisions, the death of a seaman to be compensable should occur during the term of his employment contract and must be the result of a work-related illness or injury. In the present case, it is not disputed that Awatin died on July 12, 2002, almost a year after the termination of his last employment contract on July, 2001. It must be remembered that Awatin was repatriated not because of any illness but because his contract of employment expired. There is no proof that he contracted his illness during the term of his employment nor that his working conditions increased the risk of contracting the illness which caused his death. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60645 5/7

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