240 days Archives - EBV Law Office

June 28, 2017

Published by Atty Elvin B. Villanueva at June 28, 2017

240 DAYS IS THE MAXIMUM PERIOD WITHIN WHICH THE COMPANY PHYSICIAN HAS TO DECLARE THE SEAFARER’S DISABILITY OR FITNESS TO WORK; FAILURE TO DECLARE WITHIN THE PERIOD MAY ESTABLISH PERMANENT DISABILITY

240 days is the maximim period that the employer is given to declare the fitness or disability of seafarer through its designated physician. Failure to do […]

November 15, 2017

Published by Atty Elvin B. Villanueva at November 15, 2017

PERMANENT AND TOTAL DISABILITY OCCURS DESPITE MORE THAN GRADE 1 RATING IF THE SEAFEARER IS PRECLUDED FROM EARNING OR DOING THE SAME WORK HE IS ACCUSTOMED OR TRAINED TO DO

Permanent and total disability arises if the seafarer’s illness or injury prevents him from engaging in gainful employment for more than 120 or 240 days, as […]

November 26, 2017

Published by Atty Elvin B. Villanueva at November 26, 2017

PERMANENT TOTAL DISABILITY DOES NOT ARISE WHERE COMPLAINT WAS FILED BEFORE THE 240-DAY PERIOD EXPIRED

Permanent total disability cannot be legally presumed since the company-designated doctor has not declared that the seafarer is not fit to work within the 240-day period, […]

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 […]

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 […]