This case has been cited 1 times or more.
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2016-01-20 |
DEL CASTILLO, J. |
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| We agree with petitioners' contention that at the time of filing of the Complaint, respondent has no cause of action because the company-designated physician has not yet issued an assessment on respondent's medical condition; moreover the 240-day maximum period for treatment has not yet lapsed. As reiterated by the Court in the recent case of C.F. Sharp Crew Management, Inc. v. Obligado,[41] the 120-day rule applies only when the complaint was filed prior to October 6, 2008; however, if the complaint was filed from October 6, 2008 onwards, the 240-day rule applies. Here, it is beyond dispute that the complaint for disability benefits was filed after October 6, 2008. Hence, the 240-day rule should apply. It was thus error on the part of the PVA to reckon respondent's entitlement to permanent and total disability benefits based on the 120-day rule. | |||||