decision, cannot be found in this CBA. Instead, Clause 24 of the Masterbulk
Vessels Maritime Officers' Agreement 1999 provides in part:
24. COMPENSATION FOR INJURY OR DEATH
(1) The Company shall pay compensation to an officer for any
injury or death arising from an accident while in the
employment of the Company, and for this purpose shall effect
a 24-hour insurance coverage in accordance with Appendix IV
to this Agreement.
(2) Compensation shall be paid as stipulated in sub-clause (1) of
this clause for all injuries howsoever caused, regardless of
whether or not an officer comes within the scope of the
Workmen's Compensation Act and includes accidents arising or
not arising out of the course of his employment and accidents
arising outside the working hours of the injured or dead officer.
(3) An officer who is outside the scope of the Workmen's
Compensation Act shall be entitled to claim for compensation
equivalent to that payable under the Workmen's Compensation
Act as if he is covered by the scope under the Workmen's
Compensation Act.
(4) An officer who receives compensation under the Workmen's
Compensation Act shall be entitled to receive only the
difference between the amount paid to him under the
Workmen's Compensation Act and the amount payable under
Appendix IV, if the latter amount is higher than the
compensation assessed by the Workmen's Compensation
Department.
(5) An officer who suffers temporary incapacity shall be entitled to
medical benefits including paid sick leave as stipulated in
clause 23 of this Agreement.[37]
The higher amount of benefits (US$110,000.00) being claimed by petitioner does
not appear in clause 24 but in Appendix IV referred therein, to wit:
APPENDIX IV
(Clauses 19 & 24)
COMPENSATION FOR INJURY OR DEATH
Maximum Compensation Payable:
WORLD-WIDE
EXCEPT
WAR ZONE AREA
WAR RISK IN
WAR ZONE OR
WARLIKE AREA
1.1 Master, Chief Engineer and All ranks US$110,000 US$220,000
Compensation shall be paid to an officer who sustains injuries through an