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Showing 97–120 of 231 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.

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.

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

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.

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’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.

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.

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.

Seafarer Disability Claims Strict Compliance With Post Employment Medical Exam Rule

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.

Seafarer Disability Claims Upholding Honesty IN PRE Employment Medical Exams

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.

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.