Credibility of Findings of Company Doctors

Thursday, April 5, 2018, 11:55 p.m. By: Atty. Dennis R. Gorecho   The findings of the company-designated physician do not always bind the courts in determining the merits of compensation cases filed by Filipino seafarers.   In most seafarer cases for disability or death benefits claims, one of the arguments often raised by the companies or the insurance

Definitive assessment of a seafarer’s disability

4:00 am Wednesday, August 30, 2017 By: Atty. Dennis R. Gorecho A seafarer is considered as suffering permanent total disability if the medical statement of the company doctor is devoid of any definitive declaration as to the seafarer’s capacity to return to work or at least a categorical and final degree of disability. For the courts and labor

The 120/240 day rule on seafarer’s disability cases

12:36 am Tuesday, July 11, 2017 By: Atty. Dennis R. Gorecho The number of days under medication is a significant element in determining the disability benefits of a seafarer who was a medically repatriated. The seafarer’s standard employment contract of the Philippine Overseas Employment Administration (POEA)    enumerates under Section 20(A) (3) the three classes of benefits the

Third doctor opinion rule in seafarer’s compensation claims

Thursday, April 27, 2017 By: Atty. Dennis R. Gorecho In the event of the disagreement on the services of the third doctor, the seafarer has the right to institute a complaint for disability benefits directly before the National Labor Relations Commission (NLRC) or the National Conciliation and Mediation Board (NCMB).           This is the ruling

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