This case has been cited 5 times or more.
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2015-04-20 |
BRION, J. |
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| The petitioners bewail the rejection by the CA of the fit-to-work assessment of the company-designated physician, considering as they point out, that a company-designated physician's assessment has been upheld in recent decisions[18] of this Court, absent any contrary finding of an independent third physician jointly appointed by the parties. Moreover, they stress that in another recent ruling,[19] the Court clothed the company doctor's assessment with the presumption of regularity and legality and, therefore should be given respect. In the present case, they add, Suarez failed to rebut such presumption by moving for the appointment of a third doctor or by showing that the company doctor's findings are tainted with bias, malice or bad faith. | |||||
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2013-06-26 |
BRION, J. |
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| Given the circumstances under which Dumadag pursued his claim, especially the fact that he caused the non-referral to a third doctor, Dr. Dacanay's fit-to-work certification must be upheld. In Santiago v. Pacbasin Ship Management, Inc.,[35] the Court declared: "[t]here was no agreement on a third doctor who shall examine him anew and whose finding shall be final and binding. x x x [T]his Court is left without choice but to uphold the certification made by Dr. Lim with respect to Santiago's disability." | |||||
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2012-11-12 |
PERLAS-BERNABE, J. |
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| Consequently, despite the lapse of the 120-day period, petitioner was still considered to be under a state of temporary total disability at the time he filed his complaint on August 29, 2003, 184 days from the date of his medical repatriation which is well-within the 240-day applicable period in this case. Hence, he cannot be said to have acquired a cause of action for total and permanent disability benefits.[30] To stress, the rule is that a temporary total disability only becomes permanent when the company-designated physician, within the 240-day period, declares it to be so, or when after the lapse of the same, he fails to make such declaration.[31] | |||||