120-day rule Archives - EBV Law Office

December 5, 2017

Published by Atty Elvin B. Villanueva at December 5, 2017

PRESUMPTION OF COMPENSABILITY VS. PRESUMPTION OF WORK-RELATEDNESS

Presumption of compensability, as differentiated from presumption of work-relatedness, is not accorded in favor of the seafarer. As such, he bears the burden of proving that […]

January 3, 2018

Published by Atty Elvin B. Villanueva at January 3, 2018

DISABILITY GRADING RENDERED BY COMPANY-DESIGNATED PHYSICIAN WITHIN THE 240-DAY RULE BINDS THE COURT IF THE SEAFARER FAILS TO QUESTION THROUGH THE POEA-SEC PROCEDURE

Disability grading and assessment by the company-designated physician rendered within the specified period binds the Court as the seafarer never questioned such diagnosis in accordance with […]

May 21, 2018

Published by Atty Elvin B. Villanueva at May 21, 2018

INTERIM DISABILITY GRADING CAN BE DONE WITHIN 120 DAYS

Interim disability grading within 120 days can be done by the physician. Thus, the Supreme Court held in the following case as follows: Noriel R. Montierro […]

July 26, 2018

Published by Atty Elvin B. Villanueva at July 26, 2018

PERMANENT DISABILITY BENEFIT FILED BEFORE THE EXPIRATION OF 240 DAYS AND WHILE THE SEAFARER WAS STILL UNDER TREATMENT IS PREMATURE

Permanent disability refers to the seafarer’s incapacity to perform his customary sea duties for more than 120 days. If the maritime complaint was filed prior to […]

August 16, 2018

Published by Atty Elvin B. Villanueva at August 16, 2018

WILLFUL CONCEALMENT DOES NOT ARISE FROM FAILURE TO DECLARE MAINTENANCE MEDICATION DURING PEME

Willful concealment by seafarer of pre-existing illness or condition in the Pre-Employment Medical Examination (PEME) renders him liable for misrepresentation and he shall be disqualified from […]

August 17, 2018

Published by Atty Elvin B. Villanueva at August 17, 2018

DISABILITY COMPLAINT FILED WITHIN THE 240-DAY PERIOD HAS A CAUSE OF ACTION WHERE THE COMPANY-DESIGNATED PHYSICIAN HAD NOT YET DETERMINED THE DISABILITY AND THE SEAFARER HAD NOT YET RECOVERED

Disability shall be conclusively presumed to be permanent and total without sufficient justification for the extension of the treatment period. Permanent total disability; 120-day rule; 240-day […]

September 13, 2018

Published by Atty Elvin B. Villanueva at September 13, 2018

PERMANENT AND TOTAL DISABILITY EXISTS WHEN THE COMPANY-DESIGNATED FAILS TO MAKE DEFINITE AND COMPLETE MEDICAL ASSESSMENT WITHIN 120 DAYS FROM SEAFARER’S REPATRIATION

Permanent and total disability benefits should be awarded if the company-designated physician fails to issue an assessment within 120-days from the date of seafarer’s repatriation. Thus, […]

November 28, 2018

Published by Atty Elvin B. Villanueva at November 28, 2018

SICKNESS ALLOWANCE FILED WITHIN THE 120-DAY PERIOD FROM REPATRIATION AND AMENDED TO INCLUDE DISABILITY SUBSEQUENTLY DOES NOT RENDER PREMATURE THE DISABILITY CLAIM

Sickness allowance filed within the 120 days from repatriation does not render the disability complaint premature. Oscar D. Gaboa vs. Maunlad Trans, Inc. and/or Rainbow Maritime […]

May 1, 2019

Published by Atty Elvin B. Villanueva at May 1, 2019

PERMANENT AND TOTAL DISABILITY ARISES WHERE THE COMPANY-DESIGNATED PHYSICIAN FAILED TO ISSUE MEDICAL FINDINGS WITHIN THE 120-DAY PERIOD AND LACK OF JUSTIFICATION TO EXTEND TO 240 DAYS

Permanent and total disability benefits may be awarded to seafarers whose medical treatment lasted for more than 120 days, but not exceeding 240 days, because the […]