Newsfront – Sickness unknown to the seafarer / no labour accident
A cook serving onboard a vessel complained of a cold and received relevant treatment. This lasted for some days, during which time the symptoms were pain in the neck, bones and back. He was present at his work during these days. The cook was found dead in his cabin after carrying out his work and sitting with other crew members; there was no apparent hint of sickness on the day of his death.
The hospital at the port where the vessel was lying, diagnosed heart attack. The same conclusion was reached during an autopsy in the hospital in Greece, were the deceased had been transferred. It was also found he was suffering from heavy coronary artery disease (CAD), of which he was not aware, and accordingly neither was his employer.
The deceased heirs sued for moral damages due to labour accident; it was found the shipowner was
not in breach of his duty of care towards the cook, as the latter was not aware himself of the sickness
and could not accordingly advise his employer thereof. Further, the symptoms he complained of could not alert other crew members something more than a cold was the cause, thus there was no way to react on what proved finally to be heart attack.
The fact no external and sudden violent event led to the death of the cook during his employment, was crucial in the court finding no labour accident had occurred and accordingly the heirs were not eligible to the remuneration sought.
Supreme Court Judgment no 1690/2013, Presiding: A. Koutromanos, Rapporteur Judge: St. Yiannoukou,
Attoneys at law: I. Michailidis, P. Papatheodoropoulos, Th. Sarris, Maritime Law Review vol.
41, p.283.
NOTE: It has been discussed in length here that where we have a health problem arising from external violent events during or by reason of the employment, we have a labour accident. This includes, for example, an accident while the seafarer travels between the vessel and his home, continuation of the work following the sickness appearance etc. However broad this test might be, it does not comprise sickness already existing, leading to the weakening of the employee, even if it deteriorated due to the reasonably expected adverse conditions of employment and not a sudden and violent event. This is what happened in the case under examination: Usual (albeit difficult) conditions of employment and inherent decease, left no room for the seafarer’s death to be considered a labour accident.
The legal column was written by Manolis Eglezos, Attorney at law, Manolis Eglezos & Associates Law Firm, Attorneys at Law and Consultants