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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
Philippines 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.
(Emphasis and underscoring supplied)
Integral as they are for a valid claim for death compensation, the Court examines
this case according to the above-stated dual requirements.
First Requirement:
The Seafarer’s Death Should Be Work-Related.
While the 2000 POEA-SEC does not expressly define what a “work-related death”
means, it is palpable from Part A (4) as above-cited that the said term refers to the
seafarer’s death resulting from a work-related injury or illness. This
denotation complements the definitions accorded to the terms “work-related injury”
and “work-related illness” under the 2000 POEA-SEC as follows:
Definition of Terms:
For purposes of this contract, the following terms are defined as follows:
xxxx
11. Work-Related Injury – injury(ies) resulting in disability or death
arising out of and in the course of employment.
12. Work-Related Illness – any sickness resulting to disability or
death as a result of an occupational disease listed under Section
32-A of this contract with the conditions set therein satisfied.
(Emphases supplied)
Given that the seafarer’s death in this case resulted from a work-related injury as
defined in the 2000 POEA-SEC above, it is clear that the first requirement for death
compensability is present.
As the records show, Nancing suffered a work-related injury within the term of his
employment contract when he figured in an accident while performing his duties as
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