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Tag: 2019-01

Seafarer’s Surviving Legitimate Spouse, a Necessary Party in a Complaint for Death Benefits

2020 January 14 Paulino Ungos III

Will the failure to implead the seafarer’s surviving legitimate spouse result in the dismissal of a complaint for death benefits?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, indispensable party, notice, ofw, seafarer

Economic Terms of the CBA and GOCC Employees

2019 January 23 Paulino Ungos III

The GSIS Family Bank refused to grant a claim of its employees for Christmas bonus. Was the refusal valid?

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Posted in: Labor Law Filed under: 2019-01, coverage clause, gocc, justice leonen

Seafarer’s Noncompliance with the Third Doctor Referral Procedure

2019 January 16 Paulino Ungos III

The seafarer filed his complaint for permanent total disability benefits after the company-designated physician declared the him fit to work. Will his complaint prosper?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, notice, third doctor

Rules on Seafarer Claims for Permanent Total Disability Benefits

Paulino Ungos III

The company-designated physician failed to issue a medical assessment within the prescribed periods. He was also unable to provide a justification for the extension of the treatment.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, decision, permanent total disability

Judicial Review of Orders or Decisions of the Department of Agrarian Reform Adjudication Board

2019 January 14 Paulino Ungos III

What mode of appeal should one adopt for orders or decisions of Department of Agrarian Reform Adjudication Board?

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Posted in: Agrarian Law and Social Legislation Filed under: 2019-01, judicial review, notice

Establish Compliance with the Post-employment Medical Examination

Paulino Ungos III

Comply with the post-employment medical examination requirement.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, notice, post-employment medical examination

No Basis to Award Salary Equivalent to 3 Months

Paulino Ungos III

Relief for Illegally Dismissed Migrant Workers

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, illegal dismissal, notice, ofw

Allegations with Substantial Evidence

Paulino Ungos III

A party alleging a critical fact must support his allegation with substantial evidence.

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Posted in: Labor Law Filed under: 2019-01, notice, substantial evidence

Company-designated Physician’s Failure to Make a Definite Assessment

Paulino Ungos III

Effect of the company-designated physician’s failure to make a definitive assessment.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-01, definite assessment, notice

Prescriptive Period of Claims for Service Incentive Leave Pay

2019 January 10 Paulino Ungos III

When does the prescriptive period of claims for service incentive leave pay commence?

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Posted in: Labor Law Filed under: 2019-01, notice, prescription, service incentive leave pay

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