Permanent and Total Disability Archives - Page 2 of 4

December 5, 2017

Published by Atty Elvin B. Villanueva at December 5, 2017

PRESUMPTION OF COMPENSABILITY VS. PRESUMPTION OF WORK-RELATEDNESS

Presumption of compensability, as differentiated from presumption of work-relatedness, is not accorded in favor of the seafarer. As such, he bears the burden of proving that […]

January 3, 2018

Published by Atty Elvin B. Villanueva at January 3, 2018

DISABILITY GRADING RENDERED BY COMPANY-DESIGNATED PHYSICIAN WITHIN THE 240-DAY RULE BINDS THE COURT IF THE SEAFARER FAILS TO QUESTION THROUGH THE POEA-SEC PROCEDURE

Disability grading and assessment by the company-designated physician rendered within the specified period binds the Court as the seafarer never questioned such diagnosis in accordance with […]

July 26, 2018

Published by Atty Elvin B. Villanueva at July 26, 2018

PERMANENT DISABILITY BENEFIT FILED BEFORE THE EXPIRATION OF 240 DAYS AND WHILE THE SEAFARER WAS STILL UNDER TREATMENT IS PREMATURE

Permanent disability refers to the seafarer’s incapacity to perform his customary sea duties for more than 120 days. If the maritime complaint was filed prior to […]

August 17, 2018

Published by Atty Elvin B. Villanueva at August 17, 2018

DISABILITY COMPLAINT FILED WITHIN THE 240-DAY PERIOD HAS A CAUSE OF ACTION WHERE THE COMPANY-DESIGNATED PHYSICIAN HAD NOT YET DETERMINED THE DISABILITY AND THE SEAFARER HAD NOT YET RECOVERED

Disability shall be conclusively presumed to be permanent and total without sufficient justification for the extension of the treatment period. Permanent total disability; 120-day rule; 240-day […]

September 2, 2018

Published by Atty Elvin B. Villanueva at September 2, 2018

EMPLOYER HAS THE OBLIGATION TO REFER TO THIRD DOCTOR THE CONFLICTING FINDINGS OF COMPANY-DESIGNATED PHYSICIAN AND PRIVATE PHYSICIAN IF THE SEAFARER HAS SIGNIFIED HIS INTENTION TO RESOLVE SUCH CONFLICT

Employer and seafarer may agree jointly to refer to a third doctor if a doctor appointed by the seafarer disagrees with the assessment of the company-designated […]

September 13, 2018

Published by Atty Elvin B. Villanueva at September 13, 2018

PERMANENT AND TOTAL DISABILITY EXISTS WHEN THE COMPANY-DESIGNATED FAILS TO MAKE DEFINITE AND COMPLETE MEDICAL ASSESSMENT WITHIN 120 DAYS FROM SEAFARER’S REPATRIATION

Permanent and total disability benefits should be awarded if the company-designated physician fails to issue an assessment within 120-days from the date of seafarer’s repatriation. Thus, […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

COMPLAINT FOR PERMANENT AND TOTAL DISABILITY BENEFIT FILED BEFORE THE LAPSE OF THE JUSTIFIED 240-DAY EXTENSION PERIOD LACKS CAUSE OF ACTION

Complaint with the Labor Arbiter for total and permanent disability benefits during the validly extended period of 240 days of medical treatment lacks cause of action. […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

PERMANENT AND TOTAL DISABILITY CANNOT BE AWARDED TO A SEAFARER WHO FAILED TO SIGNIFY HIS INTENTION TO REFER THE CONFLICTING ASSESSMENTS TO THE THIRD DOCTOR

Permanent and total disability of laborers is defined under Article 192 (c) (1) of the Labor Code providing that temporary total disability lasting continuously for more […]

May 1, 2019

Published by Atty Elvin B. Villanueva at May 1, 2019

PERMANENT AND TOTAL DISABILITY ARISES WHERE THE COMPANY-DESIGNATED PHYSICIAN FAILED TO ISSUE MEDICAL FINDINGS WITHIN THE 120-DAY PERIOD AND LACK OF JUSTIFICATION TO EXTEND TO 240 DAYS

Permanent and total disability benefits may be awarded to seafarers whose medical treatment lasted for more than 120 days, but not exceeding 240 days, because the […]