Final and definite medical assessment Archives

September 25, 2019

Published by Atty Elvin B. Villanueva at September 25, 2019

FAILURE TO ISSUE A FINAL AND DEFINITE MEDICAL ASSESSMENT WITHIN THE 120-DAY PERIOD MAKES SEAFARER ENTITLED TO PERMANENT AND TOTAL DISABILITY BENEFITS

Issuance of final and definite medical assessment within the 120-day period from repatriation of the seafarer is necessary to comply with the legal requirements concerning claim […]

March 29, 2020

Published by Atty Elvin B. Villanueva at March 29, 2020

MEDICAL ASSESSMENT THAT IS NOT FINAL AND DEFINITIVE RENDERS SEAFARER’S DISABILITY TOTAL AND PERMANENT

Medical assessment or report of a seafarer’s disability must be complete and definite. A final and definite disability assessment is necessary in order to truly reflect […]

May 6, 2020

Published by Atty Elvin B. Villanueva at May 6, 2020

ASSESSMENT THAT FAILS TO EXPLAIN IN DETAIL THE PROGRESS OF SEAFARER’S TREATMENT AND THE APPROXIMATE PERIOD NEEDED TO FULLY RECOVER IS NOT FINAL AND DEFINITIVE

Talaugon vs. BSM Crew Service Centre Phils., Inc., et al. G.R. No. 227934, September 4, 2019 Permanent and total disability; 120-day rule; Final and definitive assessment; […]

May 19, 2020

Published by Atty Elvin B. Villanueva at May 19, 2020

THIRD DOCTOR REFERRAL IS NOT APPLICABLE IF THERE IS NO DEFINITIVE DISABILITY ASSESSMENT BY THE COMPANY-DESIGNATED PHYSICIAN

Third doctor referral as provided in Section 20(A)(3) of the POEA-SEC is mandatory in case there are disagreements made by the company-designated physician and the seafarer’s […]

June 20, 2020

Published by Atty Elvin B. Villanueva at June 20, 2020

PERMANENT AND TOTAL DISABILITY ARISES BY OPERATION OF LAW FOR LACK OF FINAL AND DEFINITIVE ASSESSMENT

Permanent and total disability arises by operation of law for failure to satisfy the two requisites must concur for a determination of a seafarers medical condition: […]

July 8, 2020

Published by Atty Elvin B. Villanueva at July 8, 2020

MEDICAL FINDINGS STATING THAT NO OTHER TREATMENT INTERVENTION IS REQUIRED AND PROVIDING A SPECIFIC DISABILITY GRADING ARE FINAL, ACCURATE, AND PRECISE

Medical findings that provide that no other treatment intervention was indicated aside from continued self-guided home exercises and as needed intake of pain medication and the […]

October 18, 2020

Published by Atty Elvin B. Villanueva at October 18, 2020

COMPANY-DESIGNATED PHYSICIAN ASSESSMENT DOES NOT AUTOMATICALLY BECOME CONCLUSIVE AND BINDING ON THE COURT

Company-designated physician must come up with an assessment as to his fitness or unfitness to work before the expiration of the 120-day or 240-day periods. Alternatively […]

October 18, 2020

Published by Atty Elvin B. Villanueva at October 18, 2020

FINAL MEDICAL ASSESSMENT IS REQUIRED BEFORE REFERRAL TO THIRD DOCTOR

Final medical assessment on the seafarer’s disability grading is required to be issued to determine the extent of compensation. Thus, the SC held in the following […]

February 11, 2021

Published by Atty Elvin B. Villanueva at February 11, 2021

ASSESSMENT THAT IS NOT FINAL AND DEFINITIVE RENDERS SEAFARER’S DISABILITY AS TOTAL AND PERMANENT

Assessment by the company-designated physician should be final and definitive. Without a valid final and definitive assessment from the company-designated doctors within the 120/240-day period, as […]