- This patient/seaman presented with a history of abdominal pain, painful and
bloody urination on September 2002.
- He was confined in Dubai UAE on October 3-6, 2002 where work up
showed elevated creatinine, right ureteral stone and left renal pelvic
stone. He was advised surgery but opted to be repatriated back to
the Philippines.
- On repatriation, he was confined at Makati Medical Center on October 8,
2002 where he underwent ESWL, left.
- On December 17-23, 2003, he was confined at National Kidney Institute and
he underwent right ureterolithotomy.
- He is now unfit to resume work as seaman in any capacity.
- His illness is considered work aggravated.
- He needs regular monitoring of his renal function for deterioration and
possible recurrence of kidney stones.
- His right kidney is non-functioning and his left kidney has impaired function.
Theres a likelihood that he would need dialysis in the future.
- He cannot land a gainful employment given his medical background.
- His renal insufficiency can cause secondary hypertension with associated
target organ involvement.
Masangcay is claiming disability benefit under Section 20(b), paragraph 5
of the Philippine Overseas Employment Administration (POEA) Revised
Standard Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels, as amended by Memorandum
Circular No. 55, Series of 1996, which is deemed integrated in every contract of
employment of Filipino seafarers on ocean-going vessels, and which provides:
SECTION 20. COMPENSATION AND BENEFITS
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B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related
injury or illness during the term of his contract are as follows:
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5. In case of permanent total or partial disability of the seafarer during
the term of employment caused by either injury or illness, the
seafarer shall be compensated in accordance with the schedule
of benefits enumerated in Section 30 of this Contract.
Computation of his benefits arising from an illness or disease
shall be governed by the rates and the rules of compensation
applicable at the time the illness or disease was contracted.