Premature filing Archives - EBV Law Office

June 12, 2019

Published by Atty Elvin B. Villanueva at June 12, 2019

DISABILITY COMPLAINT FILED PRIOR TO ISSUANCE OF MEDICAL ASSESSMENT IS NOT PREMATURE IF DELAY IS CAUSED BY THE COMPANY

Disability benefits entitlement rules provide that: (a) the 120 days provided under Section 20-B (3) of the POEA-SEC is the period given to the employer to […]

August 21, 2019

Published by Atty Elvin B. Villanueva at August 21, 2019

DISABILITY CLAIM FILED PRIOR TO THE END OF 120-DAY PERIOD AND WITHOUT FIRST CONTINUING WITH THE PRESCRIBED TREATMENT IS PREMATURE

The seafarer filed the labor case on May 14, 2010 – or just 110 days from his repatriation on January 23, 2010 – before the 120/240-day […]

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 […]