The employer asserted that the seafarer failed to follow the third doctor referral procedure under the POEA SEC. Did the Supreme Court consider the assertion meritorious?
Find out whether the seafarer diagnosed with Post Traumatic Stress Disorder was granted his claim for disability benefits.
Would a guarded prognosis and suggested disability grading constitute a valid disability assessment?
The employers denied liability for permanent total disability benefits, arguing that the seafarer had finished his employment contract without any medical issue.
The Supreme Court clarified the 120/240 day rule with regard to the extent of the disability of the seafarer as against the company-designated physician’s duty to issue a final medical assessment.
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.
A work-related injury is deemed total and permanent by operation of law when the company-designated physician fails to arrive at a final assessment of the seafarer’s fitness to work within the 120/240-day treatment period following his repatriation.
Entitlement to disability benefits by seamen on overseas work is a matter governed, not only by medical findings but, by law and by contract.