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Showing 97–120 of 233 articles for “disability claim”

Navigating Seafarer Disability Claims: The Primacy of the Company-Designated Physician's Assessment

When a seafarer's own doctor disagrees with the company physician, the POEA-SEC requires referral to a third doctor. Learn why.

Seafarers' Disability Claims: The Duty to Inform and the 120/240-Day Rule

The Supreme Court clarifies that a company-designated physician must actually inform the seafarer of a disability assessment; mere issuance is not enough.

Premature Filing Seafarers Disability Claim Dismissed FOR NON Compliance With Poea SEC Procedures

Seafarers' Disability Claims: The 240-Day Rule and Premature Filing Explained

Philippine Supreme Court clarifies the 240-day rule for seafarer disability assessments, explaining when a claim becomes premature and why timing matters.

Seafarers' Disability Claims: The Cost of Skipping the Post-Employment Medical Exam

A seafarer who skips the company-designated post-employment medical exam forfeits disability claims. The Supreme Court explains the rule and its limits.

Forfeiture of Seafarers Disability Claim: Strict Adherence to Post-Employment Medical Examination

Learn the strict rule on post-employment medical exams for seafarers and how failing to comply can forfeit disability claims.

Seafarers' Disability Claims: Strict Compliance With Post-Employment Medical Exam

Supreme Court clarifies that seafarers who fail the 3-day post-employment medical exam rule forfeit disability benefits, even if illness is work-related.

Navigating Seafarer Disability Claims: The Mandatory Third Doctor Rule

When a seafarer's doctor and the company physician disagree on disability, the POEA-SEC's third-doctor rule is mandatory. Hernandez v. Magsaysay explains why.

Seafarer Disability Claims: The 120-240 Day Rule for Medical Assessments

Understand the 120-240 day rule for company-designated physician assessments in seafarer disability claims, explained through a 2018 Supreme Court ruling.

Seafarers Disability Claims: When the Company Physician's Assessment Prevails

Learn when a company-designated physician's fit-to-work certification prevails over a seafarer's own doctor in disability claims under the POEA-SEC.

Seafarer Disability Claims: The 120-Day Rule and Timely Medical Assessment

Philippine Supreme Court clarifies the 120-day and 240-day periods for company-designated physician assessments in seafarer disability claims, and the burden on employers to justify extensions.

Protecting Seafarers: Timely Disability Assessments and Employer Duties in Maritime Law

Learn how the Supreme Court protects seafarers' disability claims when company doctors miss the 120-day assessment deadline.

Seafarer’s Disability Claim Denied for Missing the 3-Day Post-Repatriation Exam

A seafarer who failed the 3-day post-repatriation medical exam rule lost his disability claim. Learn the strict POEA-SEC requirement.

Seafarers' Disability Claims: Strict Compliance With 3-Day Reporting Rule Required

A seafarer who fails the three-day post-repatriation medical reporting requirement forfeits disability claims, as Tagud v. BSM shows.

Seafarer Disability Claims Strict Compliance With Post Employment Medical Exam Rule

Seafarer Disability Claims: Why Filing Too Early Can Jeopardize Total Disability Benefits

Filing a disability claim before the 240-day treatment period ends can be fatal. Learn from the Supreme Court's ruling in C.F. Sharp Crew Management v. Orbeta.

Medical Abandonment in Seafarer Disability Claims: Upholding Treatment Obligations

Filing a disability claim while still under treatment can backfire. The Supreme Court explains medical abandonment in seafarer cases.

Seafarers Disability Claims: Timely Assessment and the Right to Compensation

The Supreme Court clarifies when a seafarer's disability becomes permanent and total if the company doctor fails to issue a timely assessment.

Breach of Contract: When Concealing Pre-Existing Illness Negates Seafarer Disability Claims

Philippine Supreme Court rules on seafarers' disability benefits, fraudulent misrepresentation, and pre-existing conditions under the POEA-SEC.

Seafarer Disability Claims Upholding Honesty IN PRE Employment Medical Exams

Company-Designated Physician's Fitness Declaration Prevails in Seafarer Disability Claims

Supreme Court rules company-designated physician's fit-to-work assessment binds seafarer unless properly disputed under POEA-SEC procedure.

Weighing Medical Opinions: Company Doctors vs Private Physicians in Seafarer Disability Claims

The Supreme Court clarifies when a company-designated physician's findings prevail over a private doctor's assessment in seafarer disability claims.

Seafarers' Disability Claims: Proving Work-Relatedness and Compensability

The Supreme Court clarifies the distinction between work-relatedness and compensability in seafarers' disability claims under the 2000 POEA-SEC.

Seafarers Disability Claims: Proving the Link Between Work Conditions and Illness

Explaining the Supreme Court's ruling in Atienza v. Orophil Shipping on work-relatedness, compensability, and the 120-day rule for seafarers' disability claims.