Total Permanent Disability Archives

April 26, 2017

Published by Atty Elvin B. Villanueva at April 26, 2017

FILING OF TOTAL PERMANENT DISABILITY CLAIM PRIOR TO THE EXPIRATION OF THE 240-DAY PERIOD IS PREMATURE

TSM Shipping Phils., Inc. and/or Dampskibsselskabet Norden A/S and/or Capt. Castillo vs. Louie L. Patiño G.R. No. 210289, March 20, 2017 Facts: TSM, in behalf of […]

May 3, 2017

Published by Atty Elvin B. Villanueva at May 3, 2017

IT IS AN ERROR FOR LABOR TRIBUNAL TO AWARD TOTAL PERMANENT DISABILITY BENEFITS CONTRARY TO A PARTIAL DISABILITY FINDING OF PHYSICIANS

Jebsens Maritime, Inc., et al. vs. Florving G. Rapiz G.R. No, 218871. January 11, 2017 Facts: Jebsens Maritime, Inc. (Jebsens, et al), on behalf of its […]

August 11, 2017

Published by Atty Elvin B. Villanueva at August 11, 2017

DISABILITY (TOTAL AND PERMANENT) DOES NOT MEAN ABSOLUTE HELPLESSNESS BUT THE INCAPACITY TO WORK RESULTING IN THE IMPAIRMENT OF ONE’S EARNING CAPACITY

Disability characterized as total and permanent does not mean absolute helplessness. In disability compensation, it is not the injury which is compensated, but rather it is […]

August 6, 2018

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

DISABILITY FINDING OF COMPANY-DESIGNATED WITHIN THE 240-DAY PERIOD IS FINAL AND DEFINITE IN THE ABSENCE OF ASSESSMENT OF PERSONAL DOCTOR OR ADVERSE FINDING OF THIRD DOCTOR

Temporary total disability shall be deemed permanent and total if it lasts continuously for more than 120 days except as otherwise provided in the Rules. Ricky […]

March 29, 2020

Published by Atty Elvin B. Villanueva at March 29, 2020

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

Medical assessment or report of a seafarer’s disability must be complete and definite. A final and definite disability assessment is necessary in order to truly reflect […]