final and definitive finding Archives

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 […]

July 13, 2019

Published by Atty Elvin B. Villanueva at July 13, 2019

PERMANENT AND TOTAL DISABILITY OF THE SEAFARER IS PRESUMED IN THE ABSENCE OF FINAL AND DEFINITE ASSESSMENT OF DISABILITY

In the absence of a final and definite disability assessment of the company-designated physician, Pelagio is conclusively presumed to be suffering from a permanent and total […]

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 […]

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 […]