disability Archives - EBV Law Office

June 3, 2017

Published by Atty Elvin B. Villanueva at June 3, 2017

SEAFARER CLAIMING DISABILITY MUST UNDERGO MEDICAL EXAMINATION TO DETERMINE FITNESS FOR WORK THROUGH COMPANY PHYSICIAN WHO HAS EXTENDED 240-DAY PERIOD TO ISSUE ASSESSMENT; THIS PERIOD CANNOT BE PRE-EMPTED

Seafarer who claims disability must undergo medical examination. Fitness of a seafarer for work should be determined by the company physician within the 120-day period, which […]

June 4, 2017

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

DISABILITY PROCEDURE MUST BE COMPLIED WITH BY THE SEAFARER TO ESTABLISH HIS CLAIM IF HE DISPUTES THE FIT-TO-WORK FINDING OF COMPANY PHYSICIAN

Disability procedure when the seafarer disputes the company physician’s findings requires that a third doctor must be consulted. Failure to observe this procedure militates against the […]

October 3, 2017

Published by Atty Elvin B. Villanueva at October 3, 2017

DISABILITY FINDINGS BEYOND THE 120-DAY PERIOD REQUIRE SUFFICIENT JUSTIFICATION, OTHERWISE SEAFARER’S DISABILITY IS DEEMED PERMANENT AND TOTAL

Disability findings need to be made by the company physician within the period of 120 days. While extension up to 240 days is allowed, the company has […]

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 […]

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: […]

January 3, 2020

Published by Atty Elvin B. Villanueva at January 3, 2020

SEAFARER HAS THE DUTY TO SIGNIFY INTENTION TO RESORT TO THIRD DOCTOR IN CASE OF CONFLICT IN THE DECISION BETWEEN THE COMPANY-DESIGNATED PHYSICIAN AND PRIVATE PHYSICIAN

Seafarer has the duty to signify his intent to refer the conflict between the findings of the company-designated physician and that of his own doctor to […]

February 2, 2020

Published by Atty Elvin B. Villanueva at February 2, 2020

DISABILITY COMPLAINT FILED BEFORE THE EXPIRATION OF THE 240-DAY PERIOD WHEN THE SEAFARER WAS STILL UNDER TREATMENT LACKS CAUSE OF ACTION

Disability case filed with only 193 days had lapsed, which is again, within the above-cited 240-day period and where there were remaining days for the company-designated […]

June 2, 2021

Published by Atty Elvin B. Villanueva at June 2, 2021

MEDICAL ABANDONMENT DOES NOT ARISE WHEN IT IS DECLARED THAT THE SEAFARER HAS REACHED MAXIMUM MEDICAL IMPROVEMENT

Medical abandonment does not arise given that the company-designated physician, in the confidential medical report dated November 3, 2015, had already declared the former to have […]

January 31, 2022

Published by Atty Elvin B. Villanueva at 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 […]