third doctor Archives - EBV Law Office

June 4, 2017

Published by Atty Elvin B. Villanueva at June 4, 2017

DISABILITY PROCEDURE MUST BE COMPLIED WITH BY THE SEAFARER TO ESTABLISH HIS CLAIM IF HE DISPUTES THE FIT-TO-WORK FINDING OF COMPANY PHYSICIAN

Disability procedure when the seafarer disputes the company physician’s findings requires that a third doctor must be consulted. Failure to observe this procedure militates against the […]

December 7, 2017

Published by Atty Elvin B. Villanueva at December 7, 2017

THIRD DOCTOR MUST BE SOUGHT BY SEAFARER IF THE FINDINGS OF HIS PHYSICIAN CONFLICT WITH THE COMPANY’S PHYSICIAN’S; OTHERWISE, THE LATTER’S FINDINGS SHALL BE FINAL AND BINDING

Third doctor must be referred to by the seafarer to address the conflicting assessments in accordance with the mandated procedure. Failure to observe the procedure will make […]

August 16, 2018

Published by Atty Elvin B. Villanueva at August 16, 2018

WILLFUL CONCEALMENT DOES NOT ARISE FROM FAILURE TO DECLARE MAINTENANCE MEDICATION DURING PEME

Willful concealment by seafarer of pre-existing illness or condition in the Pre-Employment Medical Examination (PEME) renders him liable for misrepresentation and he shall be disqualified from […]

September 2, 2018

Published by Atty Elvin B. Villanueva at September 2, 2018

EMPLOYER HAS THE OBLIGATION TO REFER TO THIRD DOCTOR THE CONFLICTING FINDINGS OF COMPANY-DESIGNATED PHYSICIAN AND PRIVATE PHYSICIAN IF THE SEAFARER HAS SIGNIFIED HIS INTENTION TO RESOLVE SUCH CONFLICT

Employer and seafarer may agree jointly to refer to a third doctor if a doctor appointed by the seafarer disagrees with the assessment of the company-designated […]

September 6, 2018

Published by Atty Elvin B. Villanueva at September 6, 2018

BURDEN TO REFER CASE TO THIRD DOCTOR IS SHIFTED TO EMPLOYER UPON NOTICE BY SEAFARER DISPUTING COMPANY DOCTOR’S FINDINGS

Aldrine B. Ilustricimo vs. NYK-Fil Ship Management, Inc./International Cruise Services, Ltd. and/or Josephine J. Francisco G.R. No. 237487, June 27, 2018 Third doctor; Notification of seafarer’s […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

PERMANENT AND TOTAL DISABILITY CANNOT BE AWARDED TO A SEAFARER WHO FAILED TO SIGNIFY HIS INTENTION TO REFER THE CONFLICTING ASSESSMENTS TO THE THIRD DOCTOR

Permanent and total disability of laborers is defined under Article 192 (c) (1) of the Labor Code providing that temporary total disability lasting continuously for more […]

August 16, 2019

Published by Atty Elvin B. Villanueva at August 16, 2019

FAILURE OF THE SEAFARER TO GIVE INTENT TO SUBMIT HIMSELF TO THIRD PHYSICIAN NEGATES THE NEED FOR DETERMINATION BY A THIRD PHYSICIAN RENDERING FILING OF COMPLAINT PREMATURE

A third physician might be agreed upon jointly by the employer and the seafarer in case of conflicting assessments of the company-designated physician and private physician. […]

January 3, 2020

Published by Atty Elvin B. Villanueva at January 3, 2020

SEAFARER HAS THE DUTY TO SIGNIFY INTENTION TO RESORT TO THIRD DOCTOR IN CASE OF CONFLICT IN THE DECISION BETWEEN THE COMPANY-DESIGNATED PHYSICIAN AND PRIVATE PHYSICIAN

Seafarer has the duty to signify his intent to refer the conflict between the findings of the company-designated physician and that of his own doctor to […]

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 […]