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.
G.R. No. 192034, 13 January 2014
Complainant Eleosis V. Calo filed a Complaint for the recovery of total permanent disability, illness allowance, reimbursement of medical expenses, damages and attorney’s fees, against his employer defendant Alpha Ship Management Corporation, and the latter’s principal, Chuo-Kaiun Company Limited.