Labor Law _H_Compensability of Death, Disability, and Disease

Question 1

What are the 2 requirements for the compensability of death, disability, & disease?

Answer 1

1) should be WORK RELATED
2) happen DURING TERM of Employment

Question 2

What are the guidelines to govern the seafarers claim for permanent total disability benefits ( 120 day period vis-a-vis 240-day period) ?

Answer 2

1) Company physician must issue medical assessment within 120 days from time seafarer reported to him

2) If this 120 day period lapse, without justifiable reason, then the disability becomes permanent.

3) If with justifiable reason, the period of diagnosis & treatment shall be extended to 240 days.

4) If the physician still fails to give assessment within the extended period of 240 days, then the seafarers disability becomes permanent, regardless of any justification

Question 3

OFW

What is the rule for compensation of work related illness of OFW?

Effect of non-disclosure of PRE-EXISTING ailments?

Answer 3

If the sickness results in death or disability and its among those listed in POEA, this is compensable.

Exc - if not listed, burden of proof is with OFW to show causal connection between work and sickness, before it may be treated as compensable

Non-disclosure of pre-existing ailment, constitute is a FRAUDULENT MISREPRESENTATION, disqualifying for compensation

Question 4

What are the guidelines for work-related injury or illness of Seafarers?

Answer 4

employer shall continue to pay seafarer his wages during time on board the vessel

employer is liable for full cost of medical treatment as well as its board and lodging

Question 5

What is the 3 day rule?

Answer 5

To claim sickness allowance, seafarer must submit himself for post employment medical exam within 3 days upon return.

Question 6

Compensability

Answer 6

If company director decides that the illness is NOT COMPENSABLE, seafarer may get his own doctor. If the latter decides its compensable, seafarer may go to NLRC to file a claim