The National Social Appeals Board (AST) has appealed the High Court’s decision in the case involving the right to make set-offs against POEA compensation to Philippine seafarers in accordance with Danish rules.
However, in a decision dated 20 March 2020, the High Court determined that Philippine seafarers are no longer entitled to dual compensation for loss of capacity to work. The reason is that the decision by the High Court makes it possible to off-set paid POEA compensation against the subsequent compensation from the Danish Shipowners' Accident Insurance Association (UFDS).
In the case in question, the High Court decided in favour of UFDS and Assuranceforeningen Skuld, and this marked the end of eight years of legal struggle against dual compensation to Philippine seafarers. The decision of the High Court also marked the reversal of a previous decision by the District Court made in 2018.
The decision of the High Court determined that compensation paid under POEA can be equated with compensation for loss of capacity to work paid in accordance with the Danish Workers' Compensation Act (ASL), and that dual compensation therefore is contrary to Danish legal practice.
The Supreme Court is expected to hear the appeal within a period of 9 to 18 months.
