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

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 […]
September 15, 2019

AN INTERIM MEDICAL ASSESSMENT IN THE NATURE OF PROGNOSIS FAILS TO ESTABLISH THAT THE DISABILITY IS NOT PERMANENT AND TOTAL

Moreover, while the company-designated physician’s assessment was issued within the 120-day period, after the seafarer’s repatriation, it could not have been a final and definite assessment […]
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 […]
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