compensability Archives - EBV Law Office

November 11, 2017

Published by Atty Elvin B. Villanueva at November 11, 2017

ILLNESS IS COMPENSABLE EVEN IF THE NATURE OF EMPLOYMENT IS NOT THE SOLE AND ONLY REASON FOR IT

Illness to be compensable, it is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the […]

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 […]

December 7, 2017

Published by Atty Elvin B. Villanueva at December 7, 2017

OCCUPATIONAL DISEASE THAT IS LISTED AND A NON-LISTED ILLNESS AND THEIR RESULTING INJURY REQUIRE PROOF OF COMPENSABILITY

Occupational disease found in the 2000 POEA-SEC list and a non-listed illness and their resulting injury must sufficiently shown by substantial evidence to be compensable. Notably, […]

July 31, 2018

Published by Atty Elvin B. Villanueva at July 31, 2018

DISABILITY BENEFITS CANNOT BE AWARDED IF THE SEAFARER FAILS TO PROVE CAUSAL CONNECTION BETWEEN HIS WORK AND HIS ILLNESS

Disability benefits can be awarded only when disability is compensable under the above POEA-SEC. Two elements must concur for disability to be compensable: (1) the injury […]

September 6, 2018

Published by Atty Elvin B. Villanueva at September 6, 2018

BURDEN TO REFER CASE TO THIRD DOCTOR IS SHIFTED TO EMPLOYER UPON NOTICE BY SEAFARER DISPUTING COMPANY DOCTOR’S FINDINGS

Aldrine B. Ilustricimo vs. NYK-Fil Ship Management, Inc./International Cruise Services, Ltd. and/or Josephine J. Francisco G.R. No. 237487, June 27, 2018 Third doctor; Notification of seafarer’s […]

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, […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

ILLNESS THAT IS NOT LISTED IN THE OCCUPATIONAL DISEASES MAY BE COMPENSABLE IF SUBSTANTIAL EVIDENCE PROVES THAT THE WORK CONDITIONS CAUSED OR, AT LEAST, INCREASED THE RISK OF CONTRACTING THE DISEASE

Illness, among other elements to be compensable, must have existed during the term of the seafarer’s employment contract. Thus, the SC held in the following case: […]

June 12, 2019

Published by Atty Elvin B. Villanueva at 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 […]

September 8, 2019

Published by Atty Elvin B. Villanueva at September 8, 2019

A SEAFARER IS ENTITLED TO COMPENSATION FOR THE WORK-RELATED ILLNESS IF HE SHOWS CAUSAL CONNECTION BETWEEN THE ILLNESS AND THE WORK HE PERFORMED

To be entitled to compensation and benefits under the governing POEA-SEC, it is not sufficient to establish that the seafarer’s illness or injury has rendered him […]