6/5/2020
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certification based on the medical records available and the results obtained.
However, there is no showing that he made a categorical declaration as
regards petitioner Jaleco's fitness to resume sea-duty.
The POEA Standard Employment Contract for Seamen is designed primarily
for the protection and benefit of Filipino seaman [sic] in the pursuit of their
employment on board ocean-going vessels. Its provisions must, therefore,
be construed and applied fairly, reasonably and liberally in their favor. Only
then can its beneficent provisions be fully carried into effect.
Hence, petitioner Jaleco is entitled to the US$60,000.00 for Impediment
Grade 1 award.
As regards the award of attorney's fees, this Court finds that petitioner
Jaleco is entitled to attorney's fees equivalent to ten percent (10%) of the
monetary award.
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Petitioner Jaleco averred that as a registered member of AMOSUP, he is
necessarily covered by the CBA (Ratings) between the AMOSUP-FIGWO-ITF
and the Danish Shipowners Association. But there is no showing that he was
able to prove by substantial evidence his positive assertions that he is a
registered member of the said union and the said CBA is applicable to him in
this case.
xxxx
Petitioner Jaleco invokes protection under the Consolidated Workers'
Compensation Act of Denmark by merely quoting its pertinent provisions in
his position paper, x x x
Foreign laws do not prove themselves in our courts. Foreign laws are not a
matter of judicial notice. Like any other fact, they must be alleged and
proven.
Besides, the snap on petitioner Jaleco's back was an injury sustained from
carrying and pulling the heavy wires that allegedly got stuck and messed up
everything during a mooring operation, which injury resulted in his disability.
The injury cannot be said to be the result of an accident, that is, an
unlooked for mishap, occurrence, or fortuitous event, because the injury
resulted from the performance of a duty. Although petitioner Jaleco may not
have expected the injury, yet, it is common knowledge that carrying heavy
objects can cause back injury, as what happened in this case.
xxx
Hence, the injury cannot be viewed as unusual under the circumstances,
and is not synonymous with the term "accident" as defined above.
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