Seagull Ship Management and NFD International Manning Agents are about
seafarers claims for disability, and not death, benefits after repatriation. On the
other hand, Interorient Maritime concerns the death of a seafarer who was
killed in-transit while being repatriated. In the said case, a seafarer who was
suffering from a mental disorder was shot when he attempted to attack a
policeman while at a stopover in Bangkok, Thailand. He was already
repatriated and was heading to Manila when the incident occurred. The Court,
finding that the death was not due to his willful act, and noting that the
responsibility of the employer is to see to it that the seafarer is duly repatriated
to the point of hiring (Manila), ruled that the seafarers death is
compensable. Otherwise stated, when said seafarer died, his contract was still in
effect since termination of employment occurs when the seafarer signs off from
the vessel and arrives at the point of hire.[23]
Meanwhile, the case of Wallem Maritime Services Inc. is about a
seafarer whose employment contract was preterminated due to mutual
consent. The Court found that said seafarers discharge was due to his already
deteriorating physical condition, as buttressed by the fact that he was
hospitalized two days after his arrival in the Philippines and that he died three
months after, the cause of his death being septicemia, disseminated
intravascular coagulations, septecalmia, pulmonary congestion, multiple
intestinal obstruction secondary to multiple adhesions.[24] In the said case, the
Court allowed recovery of death benefits after finding that there was a
reasonable connection between the seafarers job and his lung infection which
developed into septicemia and caused his death.
Even if we are to consider the possibility of compensation for the death after
the termination of the employment contract on account of a work-related
illness, the outcome of this case would still not be akin to our resolution
in Wallem. In the said case, there appears to be substantial evidence that the
seafarer was suffering from the illness while he was still on-board and that said
illness was the reason for the termination of the employment contract. There is
none in the case at bar.
The deceased suffered from, and died due to, urinary bladder cancer.
While cancer of the epithelial lining of the bladder (papilloma of the bladder)
[25]
is listed as an occupational disease in Section 32-A of the Standard Contract,
it is not clear that this is the type of cancer that the deceased suffered from. In