Permanent and Total Disability Archives

May 11, 2017

Published by Atty Elvin B. Villanueva at May 11, 2017

PERMANENT AND TOTAL DISABILITY CLAIM FILED PRIOR TO THE LAPSE OF THE 120-DAY PERIOD HAS NO BASIS

Status Maritime Corporation and Admibros Shipmanagement Co., Ltd. vs. Rodrigo C. Doctolero G.R. No. 198968, January 18, 2017 Facts: Status Maritime, acting for and in behalf […]

June 27, 2017

Published by Atty Elvin B. Villanueva at June 27, 2017

PERMANENT DISABILITY MAY STILL BE ESTABLISHED IF THE ILLNESS OR INJURY PREVENTS THE SEAFARER FROM HAVING GAINFUL EMPLOYMENT BEYOND 120 DAYS

Permanent disability may arise due to illness or injury suffered by a seafarer under certain conditions. The company physician may declare the seafarer permanently disabled within 120 […]

June 28, 2017

Published by Atty Elvin B. Villanueva at June 28, 2017

240 DAYS IS THE MAXIMUM PERIOD WITHIN WHICH THE COMPANY PHYSICIAN HAS TO DECLARE THE SEAFARER’S DISABILITY OR FITNESS TO WORK; FAILURE TO DECLARE WITHIN THE PERIOD MAY ESTABLISH PERMANENT DISABILITY

240 days is the maximim period that the employer is given to declare the fitness or disability of seafarer through its designated physician. Failure to do […]

July 24, 2017

Published by Atty Elvin B. Villanueva at July 24, 2017

DISABILITY RATING THAT IS NOT ISSUED WITHIN THE EXTENDED TEMPORARY DISABILITY PERIOD WILL LAPSE INTO TOTAL AND PERMANENT DISABILITY BY OPERATION OF LAW

Disability rating must be made by the company-designated physician within the period prescribed. Otherwise, the total and permanent disability will be deemed established. Dario A. Carcedo, […]

September 18, 2017

Published by Atty Elvin B. Villanueva at September 18, 2017

HYPERTENSIVE CARDIOVASCULAR DISEASES ARE GENERALLY HELD BY JURISPRUDENCE AS PERMANENT AND TOTAL DISABILITY

Hypertensive cardiovascular diseases are jurisprudentially held permanent total disability granting compensation to seafarers, who suffered therefrom and were under the treatment of or issued fit-to-work certifications […]

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 […]

November 11, 2017

Published by Atty Elvin B. Villanueva at November 11, 2017

ILLNESS IS COMPENSABLE EVEN IF THE NATURE OF EMPLOYMENT IS NOT THE SOLE AND ONLY REASON FOR IT

Illness to be compensable, it is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the […]

November 15, 2017

Published by Atty Elvin B. Villanueva at November 15, 2017

PERMANENT AND TOTAL DISABILITY OCCURS DESPITE MORE THAN GRADE 1 RATING IF THE SEAFEARER IS PRECLUDED FROM EARNING OR DOING THE SAME WORK HE IS ACCUSTOMED OR TRAINED TO DO

Permanent and total disability arises if the seafarer’s illness or injury prevents him from engaging in gainful employment for more than 120 or 240 days, as […]

November 26, 2017

Published by Atty Elvin B. Villanueva at November 26, 2017

PERMANENT TOTAL DISABILITY DOES NOT ARISE WHERE COMPLAINT WAS FILED BEFORE THE 240-DAY PERIOD EXPIRED

Permanent total disability cannot be legally presumed since the company-designated doctor has not declared that the seafarer is not fit to work within the 240-day period, […]