“But while the nature of death benefits under the Labor Code and the POEASEC are similar, the death benefits under the POEA-SEC are intended to be separate and distinct from, and in addition to, whatever benefits the seafarer is entitled to under Philippine laws, including those benefits which may be claimed from the State Insurance Fund. “Thus, the claim for death benefits under the POEA-SEC is the same species as the workmen's compensation claims under the Labor Code – both of which belong to a different realm from that of Maritime Law. Therefore, the limited liability rule does not apply to petitioner's liability under the POEA-SEC.” If the OFW-seafarer belongs to a seafarer’s union, and his/her employment contract is covered by a Collective Bargaining Agreement that provides superior death or disability benefits, then the benefits payable to the OFW-seafarer are computed on the basis of the provisions of said Collective Bargaining Agreement. Thus, unresolved legal disputes between the OFW-seafarer and the employer/manning agency on the compensability of claims of the OFW-seafarer for death or disability benefits, often reach the Supreme Court due to the huge amounts involved in the legal dispute. Usually, the legal dispute revolves around the following issues: (a) whether or not the illness/injury/death is compensable; (b) if the OFW or OFW heir is so entitled, what is the amount of compensation payable; and (c) whether or not the procedures in order to claim entitlement to the benefits defined and enumerated in the POEA-SEC for seafarers were observed. It is unfortunate however, that the foregoing compensation for injury, illness, and death under the 2010 POEA-SEC for seafarers have no substantial equivalent in the POEA Standard Employment Contracts for land-based OFWs. The POEA-SEC for land-based OFWs merely provide for the medical expenses of the OFW, but not for compensation or benefits for work-related injury, illness, and death. Thus: (a) In the POEA-SEC for Various Skills84, the employer is supposed to provide free medical and dental services and facilities, including medicine to the OFW. 85 The employer is also obligated to provide personal life accident insurance in accordance with host government and/ or Philippine government laws without cost to the worker. In addition, for areas declared by the Philippine government as war risk areas, a war risk area insurance of not less than P100,000 shall be provided by the employer at no cost to the worker.86 (b) In the POEA-SEC for Household Service Workers Bound For Saudi Arabia87, the employer is required to shoulder the medical expenses that 84 85 86 87 http://www.poea.gov.ph/files/sec_various_new.pdf Ibid, Section 10 Ibid, Section 11 Section 9 of the POEA-SEC for Household Service Workers Bound For Saudi Arabia available at http://www.poea.gov.ph/docs/KSA%20SEC.pdf 50