15
Aug
Instances when a Seafarer may Pursue his Total and Permanent Disability Claim
The Supreme Court, in the case of Maersk-Filipinas Crewing Inc. vs. Alferos (G.R. No. 216795. April 1, 2019), citing CF Sharp Crew Management, Inc. vs. Taok, (G.R. No. 193679, July 18, 2012, 677 SCRA 296), held that a seafarer may have a basis to pursue his claim for total and permanent disability benefits under any of the following conditions, namely:
- The company-designated physician failed to issue a declaration as to his fitness to engage in sea duty or disability even after the lapse of the 120-day period and there is no indication that further medical treatment would address his temporary total disability, hence, justify an. extension of the period to 240 days;
- 240 days had lapsed without any certification issued by the company designated physician;
- The company-designated physician declared that he is fit for sea duty within the 120-day or 240-day period, as the case may be, but his physician of choice and the doctor chosen under Section 20-B(3) of the PO EA-SEC are of a contrary opinion;
- The company-designated physician acknowledged that he is partially permanently disabled but other doctors who he consulted, on his own and jointly with his employer, believed that his disability is not only permanent but total as well;
- The company-designated physician recognized that he is totally and permanently disabled but there is a dispute on the disability grading;
- The company-designated physician determined that his medical condition is not compensable or work-related under the POEA-SEC but his doctor-of-choice and the third doctor selected under Section 20-B(3) of the PO EA-SEC found otherwise and declared him unfit to work;
- The company-designated physician declared him totally and permanently disabled but the employer refuses to pay him the corresponding benefits; and
- The company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of said periods.
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