September 12, 2017

INSANITY IS NOT PROVEN BY MERE STRANGE BEHAVIOR; SANITY IS LEGALLY PRESUMED

Insanity or mental illness required to be proven must be one that deprived him of the full control of his senses; in other words, there must […]
February 11, 2021

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

Assessment by the company-designated physician should be final and definitive. Without a  valid final and definitive assessment from the company-designated doctors within the 120/240-day period, as […]
June 2, 2021

MEDICAL ABANDONMENT DOES NOT ARISE WHEN IT IS DECLARED THAT THE SEAFARER HAS REACHED MAXIMUM MEDICAL IMPROVEMENT

Medical abandonment does not arise given that the company-designated physician, in the confidential medical report dated November 3, 2015, had already declared the former to have […]
January 31, 2022

SEAFARER’S DUTY TO OBTAIN THE OPINION OF HIS OWN DOCTOR ARISES ONLY IF THERE IS A VALID CERTIFICATION OF ILLNESS FROM COMPANY PHYSICIAN

Joemar Babiera Bacabac vs. NYK-FIL Shipmanagement Inc. and NYK Shipmanagement Pte ltd. G.R. No. 228550. July 28, 2021 Private doctor; Valid certification of company physician; Final […]
May 21, 2022

SEAFARER MUST NOTIFY THE AGENCY IN WRITING IF PHYSICALLY INCAPACITATED TO REPORT FOR SCHEDULED MEDICAL EXAMINATION

In the case of Marlow Navigation vs. The Heirs of Antonio Beato (Antonio), G.R. No. 233897, March 9, 2022  the seafarer (Antonio) suffered an illness during […]
May 23, 2022

SEAFARER MUST INITIATE REFERRAL TO THE THIRD DOCTOR

The conflicting findings called for the referral to a third doctor jointly agreed upon by the parties and whose findings shall be final and binding upon […]