Permanent and Total Disability Archives - Page 3 of 4

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 […]

September 8, 2019

Published by Atty Elvin B. Villanueva at September 8, 2019

A SEAFARER IS ENTITLED TO COMPENSATION FOR THE WORK-RELATED ILLNESS IF HE SHOWS CAUSAL CONNECTION BETWEEN THE ILLNESS AND THE WORK HE PERFORMED

To be entitled to compensation and benefits under the governing POEA-SEC, it is not sufficient to establish that the seafarer’s illness or injury has rendered him […]

September 25, 2019

Published by Atty Elvin B. Villanueva at September 25, 2019

FAILURE TO ISSUE A FINAL AND DEFINITE MEDICAL ASSESSMENT WITHIN THE 120-DAY PERIOD MAKES SEAFARER ENTITLED TO PERMANENT AND TOTAL DISABILITY BENEFITS

Issuance of final and definite medical assessment within the 120-day period from repatriation of the seafarer is necessary to comply with the legal requirements concerning claim […]

October 29, 2019

Published by Atty Elvin B. Villanueva at October 29, 2019

PERMANENT DISABILITY ARISES WHEN THE COMPANY PHYSICIAN FAILS TO ISSUE FINAL AND DEFINITIVE ASSESSMENT WITHIN 120 DAYS

Permanent disability is the inability of a worker to perform his job for more than one hundred twenty (120) days, regardless of whether he loses the […]

February 2, 2020

Published by Atty Elvin B. Villanueva at February 2, 2020

DISABILITY COMPLAINT FILED BEFORE THE EXPIRATION OF THE 240-DAY PERIOD WHEN THE SEAFARER WAS STILL UNDER TREATMENT LACKS CAUSE OF ACTION

Disability case filed with only 193 days had lapsed, which is again, within the above-cited 240-day period and where there were remaining days for the company-designated […]

March 29, 2020

Published by Atty Elvin B. Villanueva at March 29, 2020

MEDICAL ASSESSMENT THAT IS NOT FINAL AND DEFINITIVE RENDERS SEAFARER’S DISABILITY TOTAL AND PERMANENT

Medical assessment or report of a seafarer’s disability must be complete and definite. A final and definite disability assessment is necessary in order to truly reflect […]

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

PRESCRIPTION OF PERIOD TO INSTITUTE CLAIM FOR DISABILITY IS RECKONED FROM THE DATE OF DISEMBARKATION FROM THE VESSEL

Prescription period for filing seafarer’s claims arising from contract is within three (3) years from the date the cause of action arises. It is well-settled that […]

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 […]