work-relatedness Archives - EBV Law Office

December 7, 2017

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

OCCUPATIONAL DISEASE THAT IS LISTED AND A NON-LISTED ILLNESS AND THEIR RESULTING INJURY REQUIRE PROOF OF COMPENSABILITY

Occupational disease found in the 2000 POEA-SEC list and a non-listed illness and their resulting injury must sufficiently shown by substantial evidence to be compensable. Notably, […]

July 31, 2018

Published by Atty Elvin B. Villanueva at July 31, 2018

DISABILITY BENEFITS CANNOT BE AWARDED IF THE SEAFARER FAILS TO PROVE CAUSAL CONNECTION BETWEEN HIS WORK AND HIS ILLNESS

Disability benefits can be awarded only when disability is compensable under the above POEA-SEC. Two elements must concur for disability to be compensable: (1) the injury […]

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 7, 2018

Published by Atty Elvin B. Villanueva at September 7, 2018

DEATH BENEFIT CANNOT BE GRANTED FOR FAILURE OF HEIRS OF SEAFARER TO PROVE THAT DEATH WAS RELATED TO HIS WORK

Death benefits to be granted, the heirs of seafarer must prove that the latter’s death was work-related. This is accomplished by establishing that: (a) the cause […]

September 13, 2018

Published by Atty Elvin B. Villanueva at September 13, 2018

PERMANENT AND TOTAL DISABILITY EXISTS WHEN THE COMPANY-DESIGNATED FAILS TO MAKE DEFINITE AND COMPLETE MEDICAL ASSESSMENT WITHIN 120 DAYS FROM SEAFARER’S REPATRIATION

Permanent and total disability benefits should be awarded if the company-designated physician fails to issue an assessment within 120-days from the date of seafarer’s repatriation. Thus, […]

June 22, 2019

Published by Atty Elvin B. Villanueva at June 22, 2019

DEATH OF SEAFARER THAT OCCURS AFTER THE EXPIRATION OF CONTRACT IS COMPENSABLE WHERE THERE IS CAUSAL CONNECTION BETWEEN THE ILLNESS AND CAUSE OF DEATH

Death caused by illness which was either contracted in the course of seafarer’s employment or aggravated during the same period may be compensable where there is […]

September 8, 2019

Published by Atty Elvin B. Villanueva at September 8, 2019

A SEAFARER IS ENTITLED TO COMPENSATION FOR THE WORK-RELATED ILLNESS IF HE SHOWS CAUSAL CONNECTION BETWEEN THE ILLNESS AND THE WORK HE PERFORMED

To be entitled to compensation and benefits under the governing POEA-SEC, it is not sufficient to establish that the seafarer’s illness or injury has rendered him […]

October 29, 2019

Published by Atty Elvin B. Villanueva at October 29, 2019

PERMANENT DISABILITY ARISES WHEN THE COMPANY PHYSICIAN FAILS TO ISSUE FINAL AND DEFINITIVE ASSESSMENT WITHIN 120 DAYS

Permanent disability is the inability of a worker to perform his job for more than one hundred twenty (120) days, regardless of whether he loses the […]

May 19, 2020

Published by Atty Elvin B. Villanueva at May 19, 2020

PRESCRIPTION OF PERIOD TO INSTITUTE CLAIM FOR DISABILITY IS RECKONED FROM THE DATE OF DISEMBARKATION FROM THE VESSEL

Prescription period for filing seafarer’s claims arising from contract is within three (3) years from the date the cause of action arises. It is well-settled that […]