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    Alpha Ship Management Corporation

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    Evelyn Bergantinos DM
    Failure to act by the company physician within 120-240 days under the Amended Rules on Employees Compensation there is a conclusive presumption that the seafarer's disability is permanent and total, thereby entitling him for disability benefit

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    Alpha Ship Management Corporation

    Uploaded by

    Evelyn Bergantinos DM
    74 views2 pages
    Failure to act by the company physician within 120-240 days under the Amended Rules on Employees Compensation there is a conclusive presumption that the seafarer's disability is permanent and total, thereby entitling him for disability benefit

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    © © All Rights Reserved

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    Failure to act by the company physician within 120-240 days under the Amended Rules on Employees Compensation there is a conclusive presumption that the seafarer's disability is permanent and total, thereby entitling him for disability benefit

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views2 pages

    Alpha Ship Management Corporation

    Uploaded by

    Evelyn Bergantinos DM
    Failure to act by the company physician within 120-240 days under the Amended Rules on Employees Compensation there is a conclusive presumption that the seafarer's disability is permanent and total, thereby entitling him for disability benefit

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Alpha Ship Management Corporation, et al.

    v Eleosis Calo
    GR No. 192034, January 13, 2014

    Failure to act by the company physician within 120-240 days under the Amended
    Rules on Employees Compensation there is a conclusive presumption that the
    seafarer's disability is permanent and total, thereby entitling him for disability benefit

    Facts

    Respondent Calo works with the petitioner under 7 employment contracts. He


    suffered from back pain and urinated solid particles while working on board as chief
    cook of Chuo-Kaiun Company Ltd. He was diagnosed with UTI and renal colic.
    When his condition did not improve, he went to another doctor who diagnosed him
    with kidney problems and UTI but was cleared for work although only for light
    duties. On Sept. 19, 2004 he was declared unfit to work and was ordered to return to
    the Phils. He was repatriated on October 12, 2004 and visited the company physician
    Dr. Nicomedes Cruz upon arrival who recommended he is fit to work. When he filed
    for disability benefits the claim was denied. The Labor Arbiter ruled in favor of the
    respondent but this was reversed by the NLRC. On appeal, the CA reinstated the
    Labor Arbiter's ruling hence this petition for review on certiorari.

    Issue

    Whether or not the respondent is entitled to disability benefits despite being declared
    as fit to work.

    Held

    He is entitled to disability benefit.

    Article 192 (c)(1) provides that disabilities shall be deemed total and permanent xxx
    c) temporary total disability lasting continuously for more than 120 days. Xxx The
    120-day period may be extended up to 240 days under Rule X, section 2 of
    the Amended Rules onEmployees Compensation and pursuant to the pronouncement
    that a temporary total disability becomes permanent when so declared by the
    company-designated physician within the period allowed, or upon the expiration of
    the 240 days medical treatment period in case of absence of such declaration of fitness
    or permanent disability. If after the lapse of these periods, a seafarer remains
    incapacitated in performing his duties and the company-designated physician has not
    yet declared him to be fit to work or permanently disabled, there is a conclusive
    presumption that he is totally and permanently disabled.

    It appears that the respondent was repatriated on October 12, 2004 and his treatment
    continuous until October 14, 2005, a period of more than a year and the companydesignated physician failed to make an assessment on the respondent's medical
    condition. The period of 120-240 having lapsed, the presumption that the respondent's
    condition was permanent and total already attaches. He is therefore entitled to claim
    for disability benefit.

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