PEME Archives - EBV Law Office

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 […]

January 11, 2018

Published by Atty Elvin B. Villanueva at January 11, 2018

UNSIGNED REPORTS AND MEDICAL ISSUANCES HAVE NO PROBATIVE WEIGHT

Unsigned report, per SC, cannot have any evidentiary value, as it is self-serving and of dubious character. In Asuncion v. National Labor Relations Commission, the SC […]

February 1, 2018

Published by Atty Elvin B. Villanueva at February 1, 2018

FRADULENT CONCEALMENT DOES NOT ARISE IF WHAT WAS NOT DISCLOSED WAS MEDICAL PROCEDURE AND NOT PREVIOUS ILLNESS

Fraudulent concealment of the stenting procedure during the PEME does not bar the seafarer’s right to disability benefit under the POEA-SEC considering that it does not […]

April 28, 2018

Published by Atty Elvin B. Villanueva at April 28, 2018

DEATH TO BE COMPENSABLE MUST BE WORK-RELATED AND SHOULD OCCUR DURING THE TERM OF EMPLOYMENT CONTRACT

Death of the seafarer to be compensable must be work-related and must happen during the term of the employment contract. Alma Covita vs. SSM Maritime Services, […]

June 9, 2018

Published by Atty Elvin B. Villanueva at June 9, 2018

POST-EMPLOYMENT MEDICAL EXAMINATION POSES UPON AN EMPLOYER THE IMPLIED OBLIGATION TO CONDUCT EXAMINATION WITHIN THREE (3) DAYS

Alfredo Mallari Magat vs. Interorient Maritime Enterprises, Inc., et al. G.R. No. 232892, April 4, 2018 Post-employment medical examination, which must be conducted within three (3) […]

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 […]

August 16, 2018

Published by Atty Elvin B. Villanueva at August 16, 2018

WILLFUL CONCEALMENT DOES NOT ARISE FROM FAILURE TO DECLARE MAINTENANCE MEDICATION DURING PEME

Willful concealment by seafarer of pre-existing illness or condition in the Pre-Employment Medical Examination (PEME) renders him liable for misrepresentation and he shall be disqualified from […]

March 22, 2020

Published by Atty Elvin B. Villanueva at March 22, 2020

FRAUDULENT MISREPRESENTATION BY THE SEAFARER ARISES WHEN HE FAILED TO DECLARE HIS HYPERTENSION DURING THE PRE-EMPLOYMENT MEDICAL EXAMINATION (PEME)

Fraudulent misrepresentation arises from concealment of a pre-existing medical condition. For knowingly concealing his hypertension during the PEME, a seafarer committed fraudulent misrepresentation which unconditionally bars […]