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When is the referral to a third doctor considered mandatory?

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The referral to a third doctor is mandatory when:

 

(1) there is a valid and timely assessment by the company-designated physician; and

(2) the appointed doctor of the seafarer refuted such assessment.

 

 

C.F Sharp Crew Management, Inc., vs. Santos, G.R. No. 213731, August 01, 2018, [876 SCRA 87]

 

 

 

 

 

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How is total disability different from permanent disability?

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Permanent disability is the inability of a worker to perform his job for more than 120 days (or 240 days, as the case may be), regardless of whether or not he loses the use of any part of his body.

Total disability, meanwhile, means the disablement of an employee to earn wages in same kind of work of similar nature that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainments could do.

 

Tulabing vs. MST Marine Services (Phils.), Inc., G.R. No. 202113, June 06, 2018 [864 SCRA 11]

 

 

 

 

 

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What is a permanent disability?

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Permanent disability is defined as the inability of a worker to perform his job for more than 120 days (or 240 days, as the case may be), regardless of whether or not he loses the use of any part of his body.

 

 

 

 

Tulabing vs. MST Marine Services (Phils.), Inc., G.R. No. 202113, June 06, 2018 [864 SCRA 11]

 

 

 

 

 

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When is a disease considered compensable?

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For disability to be compensable under Section 20(B)(4) of the POEA-SEC, two elements must concur: (1) the injury or illness must be work-related; and (2) the work-related injury or illness must have existed during the term of the seafarer’s employment contract.

In determining whether a disease is compensable, it is enough that there exists a reasonable work connection.

 

Magat vs. Interorient Maritime Enterprises, G.R. No. 232892 April 04, 2018, [852 SCRA 158]