Until when can a company insist on its disability rating?
The company can insist on its disability rating even against the contrary opinion by another doctor, unless the seafarer expresses his disagreement by asking for a referral to a third doctor who shall make his or her determination and whose decision shall be final and binding on the parties.
Ilustricimo vs. NYK-Fil Ship Management, Inc., G.R. No. 237487,, June 27, 2018 [869 SCRA 182]
What happens if a doctor appointed by the seafarer disagrees with the assessment of the company-designated doctor?
If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the employer and the seafarer. The third doctor’s decision shall be final and binding on both parties.
Ilustricimo vs. NYK-Fil Ship Management, Inc., G.R. No. 237487,, June 27, 2018 [869 SCRA 182]
When can a seafarer be entitled to a sickness allowance?
The seafarer shall be entitled to a sickness allowance equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician.
Rickmers Marine Agency Phils., Inc., vs. San Jose , G.R. No. 220949, July 23, 2018, [872 SCRA 557]
When can the temporary total disability become permanent?
Temporary total disability only becomes permanent when the company-designated physician, within the 240-day period, declares it to be so, or when after the lapse of the said period, he fails to make such declaration.
Scanmar Maritime Services, Inc., vs. Hernandez, G.R. No. 211187,April 16, 2018, [861 SCRA 241]
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