A seafarer who was no longer deployed back to work may be entitled to total and permanent disability benefits due to an illness he suffered while on board the vessel. This was the ruling of the Supreme Court in the case of CF Sharp Crew Mgt. v.
A seafarer who was no longer deployed back to work may be entitled to total and permanent disability benefits due to an illness he suffered while on board the vessel. involving an injured seafarer who was hired as Chief Cook.
Under Supreme Court rulings, the company-designated physician is required to issue a final and definitive disability assessment within 120 or 240 days from the date of the seafarer’s repatriation. The company-designated physician in the instant case was able to issue a Certification only after 157 days reckoned from the time the seafarer was medically repatriated, without any assessment or indication as to his capacity to resume to work, or any justification to extend the 120-day period.
The Court said that it is safe to assume that the seafarer would not have been allowed to commence his work, specifically for the Chief Cook position, which is a physically demanding job, if he was unfit for employment.
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