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    Temporary total disability refers to an injury that prevents a worker from working for 120 days or less, while permanent total disability is an injury that prevents working for more than 120 continuous days. For an occupational disease to be compensable, the worker's job must involve exposure to certain risks, the disease must have resulted from that exposure, and it must have been contracted during the exposure period without any negligence by the worker. The process for claiming disability benefits involves the company physician determining the nature and compensability of the injury within 3 working days, with the worker able to seek an independent physician's assessment if they disagree with the company physician's findings.

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    Poea Procedure for 2014 Bar Review

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    Poea Procedure for 2014 Bar Review

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    Temporary total disability refers to an injury that prevents a worker from working for 120 days or less, while permanent total disability is an injury that prevents working for more than 120 continuous days. For an occupational disease to be compensable, the worker's job must involve exposure to certain risks, the disease must have resulted from that exposure, and it must have been contracted during the exposure period without any negligence by the worker. The process for claiming disability benefits involves the company physician determining the nature and compensability of the injury within 3 working days, with the worker able to seek an independent physician's assessment if they disagree with the company physician's findings.

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    16 views1 page

    Poea Procedure For 2014 Bar Review

    Uploaded by

    Kean Yee
    Temporary total disability refers to an injury that prevents a worker from working for 120 days or less, while permanent total disability is an injury that prevents working for more than 120 continuous days. For an occupational disease to be compensable, the worker's job must involve exposure to certain risks, the disease must have resulted from that exposure, and it must have been contracted during the exposure period without any negligence by the worker. The process for claiming disability benefits involves the company physician determining the nature and compensability of the injury within 3 working days, with the worker able to seek an independent physician's assessment if they disagree with the company physician's findings.

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    © All Rights Reserved
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    of 1

    POEA-SEC (Standard Employment Contract)

    By: Atty. Isagani C. Corua II


    Temporary Total Disability (TTD) vs. Permanent Total Disability (PTD)1

    Temporary

    120 days

    Permanent

    A disability is total and permanent if as a result of the injury or sickness the


    employee is unable to perform any gainful occupation for a continuous period
    exceeding 120 days.

    Requites for compensability of occupational diseases:2


    For an occupational disease and the resulting disability or death to be compensable, ALL of the
    followings conditions must be satisfied:
    a. The seafarers work must involve the risks described herein;
    b. The disease was contracted as a result of the seafarers exposure to the described risks;
    c. The disease was contracted within a period of exposure and such other factors necessary to
    contract it; and
    d. There was no notorious negligence on the part of the seafarer.

    Procedure for claiming disability benefits:3


    Within 3 WORKING DAYS FROM RETURN, the
    COMPANY PHYSICIAN decides whether:
    1. Nature of Injury/Sickness is
    Temporary/Total/Permanent;
    2. Injury/Sickness is Compensable.

    Company Physician
    determines Injury/
    Sickness is
    COMPENSABLE

    Worker gets
    Compensated
    Accordingly

    Company
    Physician
    Determines
    Injury/ Sickness
    is NOT
    COMPENSABLE

    Worker
    MAY
    choose
    an
    INDEPENDENT PHYSICIAN to
    determine:
    1. Nature of Injury/Sickness is
    Temporary/Total/Permanent;
    2. Injury/Sickness is Compensable.

    Workers Physician
    determines Injury/
    Sickness is

    COMPENSABLE

    A Third Doctor may be agreed


    jointly between the Employer
    and the seafarer, and that the
    third doctors decision shall be
    FINAL AND BINDING on both
    parties.

    Physician
    Determines
    Injury/ Sickness
    is NOT
    COMPENSABLE

    NO COMPENSATION
    1

    Section 2(b), Rule VII of the Implementing Rules of Title II, Book IV of the Labor Code, as amended
    Section 32-A of the POEA-SEC; Philippine Transmarine Carriers, Inc. vs. Nazam, G.R. No. 190804, October 11, 2010
    3
    Martin K. Ayungo vs. Beamko Shipmanagement, et. al., G.R. No. 203161, 26 February 2014
    2

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