Which prevails, the assessment on the company designated physician or the seafarer’s own doctor?
It is well-settled that the assessment of the company-designated physician prevails over that of the seafarer’s own doctor.
Teekay Shipping Philippines Inc. vs. Ramoga, Jr., G.R. No. 209582, January 19, 2018 [ 850 SCRA 256]
Can the seafarer challenge the diagnosis of the company-designated physicians?
Seafarers are not precluded from challenging the diagnosis of the company-designated physicians should they disagree.
What is the effect of the failure of the company-designated physician to give his assessment within the prescribed period?
If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer’s disability becomes permanent and total for the purposes of the award.
When can the beneficiaries of a seafarer be entitled to death compensation from the employer?
As the Supreme Court ruled in Yap v. Rover Maritime Services Corp., 733 SCRA 14 (2014) “x x x in order for the beneficiaries of a seafarer to be entitled to death compensation from the employer, it must be proven that the death of the seafarer (1) is work-related; and (2) occurred during the term of his contract.
Menez vs. Status Maritime Corporation, Jr., G.R. No. 227523, August 29, 2018 , [878 SCRA 421]
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