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ALPHA SHIP MANAGEMENT CORPORATION v. ELEOSIS V. CALO

This case has been cited 4 times or more.

	GR No. 201359 2015-09-23	MAGSAYSAY MARITIME CORPORATION v. VIRGILIO L. MAZAREDO DEL CASTILLO, J.
Respondent's condition remains unresolved even up to this day, and petitioners did not renew his contract; nor was respondent able to work for other employers on account of his condition. Thus, applying the doctrine enunciated in Magsaysay Mitsui OSK Marine, Inc. v. Bengson[52] and Alpha Ship Management Corporation v. Cab[53] - that an employee's disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the statutory 120- or 240-day treatment period, while the employee's disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee's fitness or disability - respondent is thus deemed totally and permanently disabled and entitled to the corresponding benefit under the POEA SEC in the amount US$60,000.00.
	GR No. 190984 2015-08-19	ACOMARIT ACOMARIT LIMITED v. GOMER L. DOTIMAS PERALTA, J.
We held in Vergara v. Hammonia Maritime Services, Inc.[35] that a temporary total disability becomes permanent when so declared by the company-designated physician within the period allowed, or upon expiration of the maximum 240-day medical treatment period in case of absence of a declaration of fitness or permanent disability.[36]
	GR No. 204845 2015-06-15	BELCHEM PHILIPPINES v. EDUARDO A. ZAFRA MENDOZA, J.
For the courts and labor tribunals, determining whether a seafarer's fitness to work despite suffering an alleged partial injury generally requires resort to the assessment and certification issued within the 120/240-day period by the company-designated physician. Through such certification, a seafarer's fitness to resume work or the degree of disability can be known, unless challenged by the seafarer through a second opinion secured by virtue of his right under the POEA-SEC. Such certification, as held by this Court in numerous cases, must be a definite assessment of the seafarer's fitness to work or permanent disability.[28] As stated in Oriental Shipmanagement Co., Inc. v. Bastol,[29] the company-designated doctor must declare the seaman fit to work or assess the degree of his permanent disability. Without which, the characterization of a seafarer's condition as permanent and total will ensue because the ability to return to one's accustomed work before the applicable periods elapse cannot be shown.
	GR No. 198528 2014-10-13	MAGSAYSAY MITSUI OSK MARINE v. JUANITO G. BENGSON DEL CASTILLO, J.
In Alpha Ship Management Corporation v. Calo,[47] it was held that an employee's disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120 or 240-day treatment period under Article 192 (c) (1) of the Labor Code[48] and Rule X, Section 2 of the Amended Rules on Employees' Compensation Commission,[49] while the employee's disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee's fitness or disability. This is true regardless of whether the employee loses the use of any part of his body or if the injury or disability is classified as Grade 1 under the POEA-SEC.