Post employment medical examination Archives

May 18, 2017

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

DISABILITY CLAIM OF SEAFARER REQUIRES SUBMISSION TO POST-EMPLOYMENT MEDICAL EXAMINATION WITHIN THREE DAYS FROM REPATRIATION

Scanmar Maritime Services, Inc. Crown Shipmanagement Inc., and Victorio Q. Esta Vs. Wilfredo T. De Leon G.R. No. 199977, January 25, 2017 Facts: Wilfredo T. de […]

July 28, 2017

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

POST EMPLOYMENT MEDICAL EXAMINATION OF SEAFARER CLAIMING DISABILITY BENEFIT IS MANDATORY AND UNJUSTIFIED FAILURE TO UNDERGO IS FATAL TO THE CLAIM

Post employment medical examination is mandatory as required in POEA-SEC provisions. The rationale for the rule on mandatory post-employment medical examination within three days from repatriation by […]

August 5, 2017

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

POST-EMPLOYMENT MEDICAL EXAMINATION IS MANDATORY SUCH THAT FAILURE TO SUBMIT, THE SEAFARER FORFEITS HIS CLAIMS FOR BENEFITS

Post-employment medical examination is required under the 1996 POEA SEC. The seafarer must submit himself to a post-employment medical examination within three days from his arrival […]

October 28, 2017

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

DISABILITY CLAIM OF SEAFARER IS NOT FORFEITED WHEN FAILURE TO UNDERGO POST EMPLOYMENT MEDICAL EXAM IS DUE TO THE FAULT OF THE EMPLOYER

Disability claim is not forfeited if the seafarer was prevented by the employer from submitting himself to a post-employment medical examination. This comes as an exception […]

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 3, 2019

Published by Atty Elvin B. Villanueva at July 3, 2019

COLON CANCER THAT IS AGGRAVATED BY POOR DIETARY PROVISIONS IN THE VESSEL IS WORK-RELATED

In Leonis Navigation Co., Inc. vs. Villamater, it was ruled that the dietary provisions which were high m fat and cholesterol given to the seaman while […]

March 19, 2020

Published by Atty Elvin B. Villanueva at March 19, 2020

SEAFARER’S ILLNESS THAT IS NOT SPECIFICALLY LISTED IN POEA-SEC THAT CAN FALL UNDER THE CATEGORIES OF LISTED ILLNESSES CAN BE WORK-RELATED

Seafarer’s illness that is not specifically listed under Section 32 of the 2010 POEA-SEC that can fall under the categories listed diseases can be considered work-related. […]

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 […]