The 120/240 days rule in claims for seafarer’s disability benefits

A claim for total and permanent disability benefits by a seafarer is governed by the 120/240 days rule.

2. If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer’s disability becomes permanent and total; The following requisites must be met in determining the seafarer’s condition: the assessment on the seafarer’s disability grading must be issued within the period of 120 or 240 days, as the case may be; and the assessment must be final and definitive.

A final and definite disability assessment is necessary in order to truly reflect the true extent of the sickness or injuries of the seafarer and his or her capacity to resume work as such. In Esplago vs NAESS Shipping Phil. Inc , the Supreme Court explained that before declaration and issuance of the final assessment, the seafarer shall be deemed on temporary total disability and shall receive his basic wage until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally.

The 120/240 days rule on a seafarer’s entitlement to disability benefits for work-related illness or injury was lifted from applicable legal documents summarized by the Court in Jebsen Maritime, Inc. v. Ravena .

Source: Law Daily Report (lawdailyreport.net)

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