Alpha Ship Management Corporation vs. Calo

ALPHA SHIP MANAGEMENT CORPORATION/JUNEL M. CHAN and/or CHUO-KAIUN COMP ANY, LIMITED, Petitioners, vs. ELEOSIS V. CALO, Respondent.

G.R. No. 192034 | 2014-01-13

Knowledge entry

Permanent total disability

Permanent total disability, inability of employee to work for 120 days, even in the absence of a declaration by company-designated physician
Permanent total disability, the Labor Code provisions apply to seafarers, and POEA Standard Employment Contract is not the sole basis for determining their rights in the event of work-related illness, injury or death
Permanent and total disability, test and definition

SECOND DIVISION

D E C I S I O N

DEL CASTILLO, J.:

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, 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.

Assailed in this Petition for Review on Certiorari¹ are the December 17, 2009...