New Filipino Maritime Agencies, Inc. v. Michael D. Despabeladeras

Temporary total disability only becomes permanent when declared by the company physician within the period he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or permanent disability.

G.R. No. 209201, 19 November 2014

Complainant Michael D. Despabeladeras initiated a labor complaint against defendants New Filipino Maritime Agencies, et al., seeking to recover his permanent disability benefits. Previously, complainant “was hired by [defendant] New Filipino Maritime Agencies, Inc., for and in behalf of its principal, St. Paul Maritime Corp…, as Wiper to work on board the vessel M/V ‘ATHENS HIGHWAY’ for a period of nine (9) months, with a basic monthly salary of US$415.00.” Sometime after while on board, complainant slipped and fractured his left hand as he went down a stairs of the vessel in order to get some tools that would be used for dismantling the engine’s piston. He was repatriated to receive better medical treatment and management.

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