Lack of a final medical assessment from the company-designated physician (CDP) negates the need to comply with the third doctor referral provision on seafarer’s disability claims. This was the ruling of the Supreme Court in Pacific Ocean Manning, Inc. v.
Lack of a final medical assessment from the company-designated physician negates the need to comply with the third doctor referral provision on seafarer’s disability claims.
The seafarer was later medically repatriated on February 28, 2017, he was diagnosed to have suffered severe injury on his lumbar spine. A seafarer’s compliance with the POEA Standard Employment Contract conflict resolution procedure presupposes that the CDP came up with an assessment as to their fitness to work before the expiration of the 120- or 240-day periods.
2. If the CDP fails to give assessment within the period of 120 days, without any justifiable reason, then the seafarer’s disability becomes permanent and total; In the instant case, the CDP only issued the disability assessment on September 4, 2017 or 188 days after the seafarer was repatriated, and did not explain why he did not issue it within the original 120-day period.
While the CDP issued a “final” disability assessment of Grade 11 on September 4, 2017 i.e., within the extended period, a medical certificate of even date reveals that such assessment was not yet final.
Philippines Latest News, Philippines Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Lack of Help Desks, Integrated Job Matching Services Hinder OFW ReintegrationMany former overseas Filipino workers (OFWs) struggle to access reintegration services due to unresponsive help desks and a lack of integrated job matching services. The government is addressing these issues by establishing one-stop shops to provide OFWs with the support they need.
Read more »
ERC Admits Lack of Rules Following Delayed NGCP Regulatory ResetThe Energy Regulatory Commission (ERC) acknowledged the absence of regulations after failing to approve NGCP's 4th regulatory reset application on time. ERC chairperson Monalisa Dimalanta testified before the House Committee on Legislative Franchises, stating that a legal vacuum existed after the 3rd regulatory period expired. NGCP's applications for the 4th and 5th regulatory resets, covering 2016-2020 and 2021-2025 respectively, were impacted by this lack of rules. The ERC issued an interim rate in 2020, recognizing the absence of valid rates from 2016 to 2020. Dimalanta emphasized that the interim rate was temporary and subject to a full regulatory reset to establish correct rates. She admitted that the ERC should have resolved the 4th regulatory reset instead of relying on interim arrangements.
Read more »
Commuters Group Criticizes Government for Lack of Public Transport PlansA commuters' group, PARA-Advocates for Inclusive Transportation, has criticized the Philippine government for its alleged lack of clear plans and funding for improving the country's public transportation system. They pointed out the recent holiday season struggles faced by passengers at seaports and land terminals due to overcrowding, highlighting the government's negligence in developing public transportation. The group contrasted this with the P87.9 billion allocated to the Comprehensive Automotive Resurgence Strategy Program, which supports the automotive industry. They argued that channeling these funds towards public transportation would significantly improve the transport supply and benefit more citizens.
Read more »
PhilHealth Assures Continued Healthcare Benefits Despite Lack of 2025 SubsidyDespite the Bicameral Conference Committee's decision not to grant a subsidy for 2025, the Philippine Health Insurance Corp. (PhilHealth) assures the public of uninterrupted access to health care benefits. PhilHealth President Emmanuel Ledesma Jr. highlights the organization's robust financial position, with reserves, surplus, and investments sufficient to cover medical expenses for two years. He emphasizes that the decision reflects confidence in PhilHealth's stability and outlines plans for new and enhanced benefit packages in 2025 and beyond, including emergency care, heart surgeries, cataract surgery, and increased case rate packages. Ledesma assures members, particularly indigents, senior citizens, and marginalized sectors, that their benefits are guaranteed.
Read more »
Tisa contingent member complains of lack of vehicle for Sinulog performersSunStar Publishing Inc.
Read more »
Lack of campaign funds does not make one a nuisance candidate — SCLatest Philippine news from GMA News and 24 Oras. News, weather updates and livestreaming on Philippine politics, regions, showbiz, lifestyle, science and tech.
Read more »