This case has been cited 4 times or more.
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2015-07-29 |
MENDOZA, J. |
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| Millan v. Wallem Maritime Services, Inc.[25] held that the seafarer was not entitled to permanent and total disability benefits despite the lapse of the 120-day period. In the said case, from the time the seafarer was repatriated, 129 days had lapsed when he last consulted with the company-designated physician. Concededly, the said period already exceeded the 120-day period under Section 20(B) of the POEA-SEC and Article 192 of the Labor Code. It cannot be denied, however, that the company-designated physician had determined that the petitioner's condition required further medical treatment in the form of physical therapy sessions, which he had subsequently completed, thus, justifying the extension of the 120-day period to 240 days. | |||||
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2015-02-04 |
MENDOZA, J. |
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| Let it be stressed that the seafarer's inability to resume his work after the lapse of more than 120 days from the time he suffered an injury and/or illness is not a magic wand that automatically warrants the grant of total and permanent disability benefits in his favor.[26] Both law and evidence must be on his side. | |||||
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2014-11-12 |
LEONEN, J. |
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| Respondents quote Millan v. Wallem Maritime Services, Inc.[44] in that "[a] seafarer's inability to resume his work after the lapse of more than 120 days from the time he suffered an injury and/or illness is not a magic wand that automatically warrants the grant of total and permanent disability benefits in his favor."[45] | |||||
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2014-04-02 |
VILLARAMA, JR., J. |
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| As regards his Ryndam injury, we agree with the CA that Sibug is entitled to permanent and total disability benefit amounting to US$60,000. Petitioners, the Labor Arbiter and the NLRC erred on this point. In Millan v. Wallem Maritime Services, Inc.,[22] we listed the following circumstances when a seaman may be allowed to pursue an action for permanent and total disability benefits: (a) The company-designated physician failed to issue a declaration as to his fitness to engage in sea duty or disability even after the lapse of the 120-day period and there is no indication that further medical treatment would address his temporary total disability, hence, justify an extension of the period to 240 days; (b) 240 days had lapsed without any certification issued by the company-designated physician; (c) The company-designated physician declared that he is fit for sea duty within the 120-day or 240-day period, as the case may be, but his physician of choice and the doctor chosen under Section 20-B(3) of the POEA-SEC are of a contrary opinion; (d) The company-designated physician acknowledged that he is partially permanently disabled but other doctors who he consulted, on his own and jointly with his employer, believed that his disability is not only permanent but total as well; (e) The company-designated physician recognized that he is totally and permanently disabled but there is a dispute on the disability grading; (f) The company-designated physician determined that his medical condition is not compensable or work-related under the POEA-SEC but his doctor-of-choice and the third doctor selected under Section 20-B(3) of the POEA-SEC found otherwise and declared him unfit to work; (g) The company-designated physician declared him totally and permanently disabled but the employer refuses to pay him the corresponding benefits; and (h) The company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of said periods. | |||||