June 12, 2019

DISABILITY COMPLAINT FILED PRIOR TO ISSUANCE OF MEDICAL ASSESSMENT IS NOT PREMATURE IF DELAY IS CAUSED BY THE COMPANY

Disability benefits entitlement rules provide that: (a) the 120 days provided under Section 20-B (3) of the POEA-SEC is the period given to the employer to […]
October 29, 2019

PERMANENT DISABILITY ARISES WHEN THE COMPANY PHYSICIAN FAILS TO ISSUE FINAL AND DEFINITIVE ASSESSMENT WITHIN 120 DAYS

Permanent disability is the inability of a worker to perform his job for more than one hundred twenty (120) days, regardless of whether he loses the […]
March 22, 2020

FRAUDULENT MISREPRESENTATION BY THE SEAFARER ARISES WHEN HE FAILED TO DECLARE HIS HYPERTENSION DURING THE PRE-EMPLOYMENT MEDICAL EXAMINATION (PEME)

Fraudulent misrepresentation arises from concealment of a pre-existing medical condition. For knowingly concealing his hypertension during the PEME, a seafarer committed fraudulent misrepresentation which unconditionally bars […]
January 31, 2022

SEAFARER’S DUTY TO OBTAIN THE OPINION OF HIS OWN DOCTOR ARISES ONLY IF THERE IS A VALID CERTIFICATION OF ILLNESS FROM COMPANY PHYSICIAN

Joemar Babiera Bacabac vs. NYK-FIL Shipmanagement Inc. and NYK Shipmanagement Pte ltd. G.R. No. 228550. July 28, 2021 Private doctor; Valid certification of company physician; Final […]
September 5, 2022

FAILURE OF THE SEAFARER TO REGULARLY REPORT TO THE COMPANY PHYSICIAN SHALL RESULT IN FORFEITURE OF THE DISABILITY BENEFIT

In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician […]
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