THE Philippines Supreme Court has quashed an appeals court ruling that awarded US$60,000 disability to a seaman who suffered burns to his body because the injuries were deliberately self-inflicted.
The finding followed a rare review by the Supreme Court of the facts in the case involving INC Shipmanagement and/or Interorient Navigation Limited versus Alexander Moradas, in which the parties presented contradictory facts.
The seafarer alleged that while he was disposing garbage in the incinerator room of the vessel, there was an explosion, which caused chemicals to splash all over his body and caused burns, reported New York's Maritime Advocate.
While the seafarer underwent treatment, he filed a claim for permanent disability benefits, claiming that his condition would no longer allow him to return to work.
The company disputed the seaman's story, saying injuries were deliberately self-inflicted, presenting statements of other crewmembers that the man had poured thinner on his overalls and set himself on fire.
It alleged the seafarer had been caught pilfering supplies after a routine security inspection by the ship's officers and was informed that he would be dismissed from his duties.
The company presented statements to show that just before the injury, the engine room of the vessel was flooded and when the alarm sounded, he was seen disappearing up to the boiler deck leaving small patches of water on the floor, on the steps and on the deck where he had been.
Another statement of a crew member was presented that he saw the seafarer go inside the paint room and soak his hands in a can full of thinner and proceeded to the incinerator door where he was set ablaze. There were also no signs of explosion.
The seafarer's overalls had patches of green paint on the arms and body and smelled strongly of thinner. An open paint can was found near the place of the incident and a cigarette lighter lying beside the seafarer, which another crew member confirmed that he had lent to the seafarer, although he did not smoke.
The Labour Arbiter and the National Labour Relations Committee (NLRC) sided with the position of the company that the injury was self-inflicted and not accidental in nature.
But the Court of Appeals saw it differently and awarded $60,000 disability benefits partly because there was no direct evidence to show the seafarer had burned himself.
When the matter reached the Supreme Court, they saw it proper to review the evidence of the case due to the difference of factual findings between the NLRC and the Court of Appeals.
"This is despite the fact that the Supreme Court's jurisdiction is generally called only on questions of law," the report said.
WORLD SHIPPING
02 March 2014 - 22:14
Philippines Supreme Court backs company in seafarer disability case
THE Philippines Supreme Court has quashed an appeals court ruling that awarded US$60,000 disability to a seaman who suffered burns to his body because the injuries were deliberately self-inflicted.
WORLD SHIPPING
02 March 2014 - 22:14
Philippines Supreme Court backs company in seafarer disability case
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