If there is a claim for total and permanent disability benefits by a seafarer, the following rules shall govern:
- The company-designated physician must issue a final medical assessment on the seafarer’s disability grading within a period of 120 days from the time the seafarer reported to him;
- If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer’s disability becomes permanent and total;
- If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (e.g., seafarer required further medical treatment or seafarer was uncooperative), then the period of diagnosis and treatment shall be extended to 240 days. The employer has the burden to prove that the company-designated physician has sufficient justification to extend the period; and
- If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer’s disability becomes permanent and total, regardless of any justification.
The extent of the disability (whether total or partial) of the seafarer is determined, not by the number of days that he could not work, but by the disability grading the doctor recognizes based on his resulting incapacity to work and earn his wages.
However, the determination of the fitness of a seafarer for sea duty is the province of the company-designated physician, subject to the periods prescribed by law.
Further reading:
- Intermodal Shipping, Inc. v. Escalona, G.R. No. 243380 April 1, 2019.
