One of the common complaints voiced by Filipino seafarers revolves around age limits and tedious medical examinations, which they believe threaten their employment prospects.

“Why can other nationalities go onboard even at an old age?” they question. “Why are they deemed fit to sail despite having numerous medications and maintenance?”

The answer is simple – ambulance chasing. Many Filipino seafarers are not aware that a few aggrieved seafarers who coveted exaggerated monetary claims from their injuries and illnesses have already affected the local seafaring sector.

AN EASY WIN FOR THE CHASERS
Sometime before October 2020, second officer Reynaldo Agravio was repatriated due to injuries sustained during a physical altercation with another crewmember. Even in the absence of a legal claim due to the lack of work-relatedness of the injury, the crew’s lawyers pursued the case to favor Agravio and secure an alleged exaggerated monetary claim.

In May 2021, two of the three Voluntary Arbitrators (VA) favored Agravio’s claim for permanent and total disability.

Due to the final and executory nature of the decision by the arbitrators per the Philippine Labor Code, the shipowners had to immediately pay the baseless money claim even before they could file an appeal at higher courts.

In June 2021, the employer, Orophil Shipping International Co., Inc. filed a motion for reconsideration in the arbitration body but, according to the case filed by the employer to the Office of the Ombudsman against the arbitrators, was allegedly “maliciously delayed” and eventually denied.

Another case that is being connected to ambulance chasers is that of Cargo Safeway, Inc.

As published in a Supreme Court resolution dated February 15, 2022, Ismael B. Quilang Jr., a seafarer employed by Cargo Safeway, successfully claimed disability benefits in 2018 after being diagnosed with osteoarthritis upon repatriation in October 2016. However, in June 2020, the Court of Appeals (CA) ruled in favor of Cargo Safeway, Inc., reversing the initial decision of the Office of the Voluntary Arbitrators (VA) that granted Quilang’s disability benefits. Quilang’s base retaliated but failed in the Supreme Court.

It was found that Quilang did not meet the essential requirements for compensability under the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). These requirements include undergoing a mandatory post-employment medical examination within three working days of repatriation and proving that the injury or illness is work-related, which Quilang failed to comply with.

Moreover, the court determined that the claim lacks substantial evidence that showed his osteoarthritis was contracted during his employment or aggravated by his work.

These cases unveil the unethical practice of ambulance chasing, where lawyers aggressively pursue personal injury cases for their financial gain.

A GRAVE LOSS TO THE PH SEAFARING COMMUNITY
In the Philippines, the concerning practice of ambulance chasing by lawyers raises questions about the well-being of seafarers and their employability.

By exaggerating monetary claims, these lawyers aim to secure a larger settlement or judgment and, subsequently, a higher contingency fee for themselves. The financial gain becomes the driving force behind their aggressive pursuit of personal injury cases, rather than the genuine desire to protect the rights and welfare of their clients.
Decades of this legal malpractice have discouraged international shipowners from hiring Filipino seafarers, crippling the growth of the once-strong market share of Filipino seafarers in the world fleet.
From the stricter and younger age limit to having to go through a pinhole to be deemed “fit to work,” seafarers have been losing employment opportunities on international waters. According to data from the Drewry Maritime Report and the POEA (now Department of Migrant Workers), and Cardiff University’s Seafarers International Research Centre (SIRC) 2003 report “Philippine Global Seafarers: A Profile, Filipino seafarers’ market share has continuously declined from 45% in 1995 to a mere 14% since 2017.

The ALMA Maritime Group, comprised of 75 licensed manning and associate agencies chaired by lawyer Iris Baguilat, believes that ambulance chasing is heavily responsible for this decline. The International Maritime Employers’ Council (IMEC), consisting of approximately 250 shipowners and employers, supports this claim. According to IMEC, some of its members have even begun sourcing potential workforce from other nations like South Africa.

Regardless of whether ambulance chasing is the dominant root cause of this decline, the numbers are not promising for a maritime nation like the Philippines.

Furthermore, once higher courts reverse the unfair decisions made by the Voluntary Arbitrators, the aggrieved seafarer is left with the burden of returning the excessive monetary claim, which they never received in full, to begin with. In some cases, as much as 80% of the monetary claims end up in the pockets of ambulance chasers and their agents through excessive fees and loan interests. Some agents entice seafarers to file claims by offering loans that will be repaid once the settlement is received.

Despite the passing of the Seafarer Protection Act (Republic Act 10706) in 2015, which was intended to safeguard seafarers from ambulance chasing and excessive fees, the malpractice continues to proliferate, and many continue to fall prey to these lawyers.

RISING ABOVE THE ISSUE
ALMA proposes various solutions to protect seafarers and employers. One such solution is the passage of an escrow law, which would cut off the source of income for ambulance chasers. This law would place disputed or exaggerated amounts in an escrow account until all parties have had an opportunity to dispute or appeal in higher courts. This proposal has caught the attention of lawmakers in the Philippine Congress. Although some oppose it as being anti-labor, the major Filipino seafarer unions, Associated Marine Officers and Seamen’s Union of the Philippines (AMOSUP) and United Filipino Seafarers (UFS), support the proposed escrow.

Other than the escrow law, experts suggest improving the Collective Bargaining Agreement (CBA) and reviewing the procedures of arbitration bodies, as well as the selection of arbitrators.

AMOSUP and other large seafarer entities, such as the welfare group International Seafarers’ Welfare and Assistance Network (ISWAN), have launched extensive information campaigns to educate seafarers about this issue and how to protect themselves from becoming victims. Manning groups acknowledge that they must also take on the responsibility of fighting for justice and filing cases on behalf of international shipowners and counterparts to counter ambulance chasers.

The battle against ambulance chasing, driven by a commitment to justice and the safeguarding of Filipino seafarers, continues to be waged with unwavering determination. It is a testament to the resilience and collective effort of all stakeholders involved in preserving the integrity and prosperity of the maritime industry. – RDCRUZ