Contract termination and medical repatriation in compensation cases

A seafarer is entitled to compensation even if he finished his contract as long as he already had medical conditions while onboard during his employment.

He was brought to a hospital in New Jersey, USA where he was found to be suffering from “soft tissue injury, arthralgia, effusion.”Before he was repatriated for end of contract, he also consulted a company-designated physician in Oman and was found suffering from “costochondritis and myalgia in his right shoulder.”

His condition did not improve despite undergoing treatments for several months. He then opted to consult another doctor who found him suffering from “a swollen right knee with inability to squat; atrophy of quadriceps and calf muscles; limited movement of right shoulder because of pain; limited shoulder abduction which only reached 90 degrees; tensed and spastic paraspinal muscles; and limited trunk movement.

Otherwise, his claim for benefits might be denied due to failure to prove that said illness occurred while his contract is still in force. The Supreme Court downplayed the employer’s argument noting that while it is true that the seafarer was repatriated because his contract had already ended, the injuries he complained of initially manifested while on board the vessel.

Source: Healthcare Press (healthcarepress.net)

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