Friday, July 13, 2012

By:  Ruben Del Rosario, President, Del Rosario Pandiphil Inc., March 6, 2012  (Issue 2012/03)
New Supreme Court decision favors 240 day rule; declaration of fitness or disability must be made within 240 days; otherwise, seafarer is considered permanently and totally disabled   

This decision of the Supreme Court tends to favor the position that a seafarer can only be declared permanently and totally disabled, therefore entitled to full disability benefits, when there is no declaration of fitness or determination of disability assessment within 240 days.  This is in contrast with the several decisions of the Supreme Court limiting such evaluation period only to 120 days.

Noteworthy also is the Supreme Court’s explicit ruling that the provisions of the POEA Contract are not the sole factor in determining disability compensation as the concepts in the Labor Code also apply.

Friday, July 13, will be a National Day of Remembrance in honor of Rodolfo Quizon Sr., better known as Dolphy, as President Benigno Aquino III has signed Proclamation No.433 Thursday evening.

(Congratulations to last me blog nko..HBD!)

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