Philippines upholds decision on seafarer disability

For three years, the Philippines crewing industry has fought supreme court rulings that declared a seafarer automatically 100% permanently disabled after 120 days of treatment, entitling the seafarer to compensation ranging from US$50,000-US$250,000 depending on the employment contract.
Last October, the industry won a concession from the courts when Associate Justice Arturo Brion ruled that the 120-days ruling did not hold in all cases and treatment could be continued for a further 120 days before permanent 100% disability was declared.
The court of appeals has now started to uphold this ruling. In the case of seafarer Eusebio Malvar and the National Labour Relations Commission (NLRC), Del Rosario Pandiphil president Ruben Del Rosario said in a client circular: “The court disregarded [the] seafarer’s argument that his sickness went beyond 120 days and thus he should be considered permanently disabled.”
The court upheld the decision by the company-appointed physician that the seafarer was fit to return to work within a 240-day period treatment.
In the case of seafarer Eduardo Cortez and the NLRC, the court of appeals upheld the new ruling on 240 days, declaring the seafarer was permanently and totally disabled as his disability went beyond 240 days.
The seafarer was granted grade eight disability benefits of US$16,795 and not the permanent disability benefit of US$120,000 under the collective bargaining agreements.