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Esteva vs. Wilhelmsen Smith Bell Manning, Inc.

JESSIE C. ESTEVA, PETITIONER, V. WILHELMSEN SMITH BELL MANNING, INC. AND WILHELMSEN SHIP MANAGEMENT AND/OR FAUSTO R. PREYSLER, JR., RESPONDENTS.

G.R. No. 225899 | 2019-07-10

D E C I S I O N
 
LEONEN, J.:
 
When a company-designated physician fails to arrive at a final and definite assessment of a seafarer's fitness to work or level of disability within the prescribed periods, a presumption arises that the seafarer's disability is total and permanent.[1]
 
This Court resolves a Petition for Review on Certiorari[2] assailing the Court of Appeals March 22, 2016 Decision[3] and July 19, 2016 Resolution[4] in CA-G.R. SP No. 137635. The Court of Appeals found that Jessie C. Esteva (Esteva) was not entitled to the payment of total and permanent disability benefits.
 
On January 26,...