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  • Agencies vs. Jara, G.R. No. 204307, June 06, 2018)

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    Jerome Fayluga
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    Jara sustained leg injuries while working as an engine cadet aboard a ship that sank. He underwent two knee operations and was assessed as having an 11-grade disability by both a private doctor and the company-designated physician. However, the assessment was made over 120 days after Jara was repatriated. The Court of Appeals ruled Jara was entitled to permanent disability benefits because the company-designated physician did not assess his disability within 120 days as required. The Supreme Court affirmed this, noting that for a disability assessment to be valid after 120 days, the employer must prove the physician had sufficient justification to extend the evaluation period to 240 days, which was not done in this case. Therefore, Jara was entitled to compensation

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    Jara sustained leg injuries while working as an engine cadet aboard a ship that sank. He underwent two knee operations and was assessed as having an 11-grade disability by both a private doctor and the company-designated physician. However, the assessment was made over 120 days after Jara was repatriated. The Court of Appeals ruled Jara was entitled to permanent disability benefits because the company-designated physician did not assess his disability within 120 days as required. The Supreme Court affirmed this, noting that for a disability assessment to be valid after 120 days, the employer must prove the physician had sufficient justification to extend the evaluation period to 240 days, which was not done in this case. Therefore, Jara was entitled to compensation

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    16 views1 page

    Agencies vs. Jara, G.R. No. 204307, June 06, 2018)

    Uploaded by

    Jerome Fayluga
    Jara sustained leg injuries while working as an engine cadet aboard a ship that sank. He underwent two knee operations and was assessed as having an 11-grade disability by both a private doctor and the company-designated physician. However, the assessment was made over 120 days after Jara was repatriated. The Court of Appeals ruled Jara was entitled to permanent disability benefits because the company-designated physician did not assess his disability within 120 days as required. The Supreme Court affirmed this, noting that for a disability assessment to be valid after 120 days, the employer must prove the physician had sufficient justification to extend the evaluation period to 240 days, which was not done in this case. Therefore, Jara was entitled to compensation

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    135.

    Process for filing disability claims for seafarers

    Q:Jara was hired by Orient Hope as engine cadet on board M/V Orchid Sun. M/V Orchid Sun
    sank on July 12, 2007, during which Jara sustained leg injuries. He was treated at Khoula
    Hospital in Oman and thereafter repatriated and admitted on August 3, 2007 at the Metropolitan
    Hospital in Manila. On August 28, 2007 and January 9, 2008, he underwent knee operations.
    He did not return to the company-designated doctor after his check up on March 17, 2008.
    Meanwhile, on March 6, 2008, Jara filed a complaint with the Labor Arbiter, claiming total and
    permanent disability benefits. On May 29, 2008, Dr. Balbon of the Marine Medical Services of
    Metropolitan Medical Center issued a letter, stating based on his last follow-up, his disability
    grading is Grade 11. Labor Arbiter who solely relied on the assessment of the company-
    designated physician, found Jara entitled to compensation equivalent to Grade 11 disability,
    which was affirmed by the NLRC. Jara filed a Motion for Reconsideration but it was denied by
    the NLRC. Jara then elevated the case to the Court of Appeals, which held that Jara was
    entitled to permanent disability benefits because the assessment of the company-designated
    physician that he was suffering from a grade 11-disability was issued after nine months or more
    than 120 days from the time he was medically repatriated.

    Is Jara is entitled to permanent and total disability compensation based on the Grade 11
    disability grading given by the companydesignated physician?

    Ans: Yes The prevailing rule is that a seafarer's inability to perform his usual work after 120
    days does not automatically lead to entitlement to permanent and total disability benefits
    because the 120-day period for treatment and medical evaluation by a company-designated
    physician may be extended to a maximum of 240 days. However, there must be a sufficient
    justification to extend the medical treatment from 120 days to 240 days. The following are
    guidelines to be observed when a seafarer claims permanent and total disability benefits: 1. The
    company-designated physician must issue a final medical assessment on the seafarer's
    disability grading within a period of 120 days from the time the seafarer reported to him. 2. 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. 3. If
    the company-designated physician fails to give his assessment within the period of 120 days
    with a sufficient justification, then the period of diagnosis and treatment shall be extended to 240
    days. The employer has the burden to prove that the company-designated physician has
    sufficient justification to extend the period. 4. If the company-designated physician still fails
    to give his assessment within the extended period of 240 days, then the seafarer's
    disability becomes permanent and total, regardless of any justification. (Orien Hope
    Agencies vs. Jara, G.R. No. 204307, June 06, 2018)

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