Labor Law, 2022 Bar — Question 5

ESSAY

Marino, a seafarer, was engaged as an oiler on board Searena Corporation's oil tanker vessel. After ten consecutive contracts, with each contract having a duration of eight months and the last one ending in December 2021, Marino decided it was time to enjoy his hard-earned money, and disembarked from the vessel upon the expiration of his employment contract. In April 2022, he felt excruciating pain in his groin. He went to a doctor and was diagnosed with acute hernia. The doctor also determined that the hernia was caused by repeated heavy lifting because of his work as an oiler. As a result, Marino filed a case against Searena Corporation before the Labor Arbiter, claiming total and permanent disability under the POEA Standard Employment Contract. Searena Corporation raised in its position paper that Marino is barred from filing the case as he did not raise any complaints during the term of his employment, and within three days from his arrival in the country after his last employment. If you were the Labor Arbiter, rule on Searena Corporation's defense. Explain briefly. (5 points)

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