Philippine Law Updates

PACIFIC OCEAN MANNING, INC. AND/OR V. SHIPS UK LTD./NORDIC AMERICAN TANKERS LIMITED, PETITIONERS, VS. NICOLAS F. BOBILES, RESPONDENT. [ G.R. No. 259982, October 28, 2024 ]

Amicus Juris Production Season 1 Episode 17

Areferral to a third doctor is mandatory when: (1) there is a valid and timely assessment by the company-designated physician, and (2) the seafarer-appointed doctor refuted such assessment.  A  seafarer's compliance with the POEA-SEC conflict resolution procedure presupposes that the company-designated physician came up with an assessment as to their fitness to work before the expiration of the 120- or 240-day periods. The lack of a conclusive and definite medical assessment from the company-designated physician negates the need to comply with the POEA-SEC third-doctor referral provision, and the law steps in to consider the seafarer's disability as total and permanent.

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