Disability claim Archives - EBV Law Office

May 18, 2017

Published by Atty Elvin B. Villanueva at May 18, 2017

DISABILITY CLAIM OF SEAFARER REQUIRES SUBMISSION TO POST-EMPLOYMENT MEDICAL EXAMINATION WITHIN THREE DAYS FROM REPATRIATION

Scanmar Maritime Services, Inc. Crown Shipmanagement Inc., and Victorio Q. Esta Vs. Wilfredo T. De Leon G.R. No. 199977, January 25, 2017 Facts: Wilfredo T. de […]

October 28, 2017

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

DISABILITY CLAIM OF SEAFARER IS NOT FORFEITED WHEN FAILURE TO UNDERGO POST EMPLOYMENT MEDICAL EXAM IS DUE TO THE FAULT OF THE EMPLOYER

Disability claim is not forfeited if the seafarer was prevented by the employer from submitting himself to a post-employment medical examination. This comes as an exception […]

November 4, 2017

Published by Atty Elvin B. Villanueva at November 4, 2017

DISABILITY BENEFITS CLAIMS MUST BE ESTABLISHED BY SUBSTANTIAL EVIDENCE AND CANNOT REST ON MERE SPECULATIONS, PRESUMPTIONS OR CONJECTURES

Disability benefits require proof and the seafarer has the onus probandi. As such, it cannot rest on mere speculations, presumptions or conjectures Maunlad Trans Inc., Carnival […]

November 7, 2017

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

MEDICAL FINDINGS OF COMPANY-DESIGNATED PHYSICIAN WHO CONDUCTED EXTENSIVE MEDICAL MONITORING PREVAILS OVER PHYSICIAN OF SEAFARER WHO EXAMINED HIM ONLY ONCE

Medical attention that the company doctors give to seafarer enabled them to acquire a more accurate diagnosis of medical condition and fitness for work resumption compared […]

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 […]

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 […]

August 21, 2019

Published by Atty Elvin B. Villanueva at August 21, 2019

DISABILITY CLAIM FILED PRIOR TO THE END OF 120-DAY PERIOD AND WITHOUT FIRST CONTINUING WITH THE PRESCRIBED TREATMENT IS PREMATURE

The seafarer filed the labor case on May 14, 2010 – or just 110 days from his repatriation on January 23, 2010 – before the 120/240-day […]