When can a seafarer’s cause of action for total and permanent disability benefits arise?
A seafarer’s cause of action for total and permanent disability benefits arises when, among others, the company-designated physician fails to issue a declaration as to his fitness to engage in sea duty or disability rating even after the lapse of the 120-day period and there is no indication that further medical treatment would address his temporary total disability.
Phil-Man Marine Agency , Inc., vs. Dedace, Jr., G.R. No. 199162, July 04, 2018, [870 SCRA 445]
What happens if after the lapse of 240 days, the seafarer is still incapacitated to perform his duties?
However, if after the lapse of 240 days, the seafarer is still incapacitated to perform his usual sea duties and the company-designated physician has not made any assessment at all (whether the seafarer is fit to work or whether his permanent disability is partial or total), it is only then that the conclusive presumption that the seafarer is totally and permanently disabled arises.
Yialos Manning Services, Inc., vs. Borja, G.R. No. 227216, July 04, 2018, [871 SCRA 67]
What is the effect of the employer’s failure to inform the employee of his medical assessment within the prescribed period?
Therefore, for the employer’s failure to inform the employee of his medical assessment within the prescribed period, the employee’s disability grading is, by operation of law, total and permanent.
Gere vs. Anglo-Eastern Crew Management Phils., Inc., G.R. No. 226656, April 23, 2018 [862 SCRA 432]
Who should shoulder the cost of the seafarer’s medical treatment after his repatriation?
It is clear that it is the employer that shall shoulder the cost of the seafarer’s medical treatment after his repatriation until such time that he is declared fit to work or the degree of his disability has been established by the company-designated physician.
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