May 21, 2018

INTERIM DISABILITY GRADING CAN BE DONE WITHIN 120 DAYS

Interim disability grading within 120 days can be done by the physician. Thus, the Supreme Court held in the following case as follows: Noriel R. Montierro […]
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 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. […]
November 28, 2018

SICKNESS ALLOWANCE FILED WITHIN THE 120-DAY PERIOD FROM REPATRIATION AND AMENDED TO INCLUDE DISABILITY SUBSEQUENTLY DOES NOT RENDER PREMATURE THE DISABILITY CLAIM

Sickness allowance filed within the 120 days from repatriation does not render the disability complaint premature. Oscar D. Gaboa vs. Maunlad Trans, Inc. and/or Rainbow Maritime […]
March 30, 2019

DISABILITY CLAIM FILED 141 DAYS AFTER REPATRIATION IS PREMATURE AND LACKS CAUSE OF ACTION

Disability claim is governed by the POEA-SEC and relevant labor laws which are deemed written in the contract of employment where the CBA is found inapplicable. […]