Del Rosario Pandiphil Inc, our correspondents in the Philippines, has provided us with the following information.

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In view of the recent Vergara decision by Justice Brion, Del Rosario & Del Rosario reiterates the guidelines in said decision:

1. Upon sign-off from the vessel for medical treatment, the seafarer must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment,

2. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws.

3. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. The seafarer may of course also be declared fit to work at any time such declaration is justified by his medical condition.

In addition, Del Rosario continues to recommend the following guidelines which have proven effective:

4. Treatment of an Illness or injury must be closely monitored to ensure that the seafarer gets the proper medical attention so he can return to work at the soonest possible time.

5. Timely medical reports must be made immediately after a hospital procedure and/or doctor visit but no later than the 30th, 60th and 90th day of treatment. Such report must include current health of the seafarer and future medical prognosis.

6. An interim detailed assessment is recommended before the 120th day. Such ‘assessment’ must include future medical prognosis including an estimate of when the seafarer will reach maximum medical improvement or be declared fit to work. Such assessment will be used to determine the proper course of action before the 240th day of treatment.

7. In any event, a disability grading or fitness to work declaration must be made before the 240th day (8 months) of treatment, otherwise, the seafarer is automatically considered totally and permanently disabled.

Author’s Note: The Vergara decision attempted to reconcile the 120 day decisions of the Supreme Court with the disability grading provisions of the POEA contract. This was done by extending the determination of a disability grading to 240 days. Certainly, 8 months is enough time to cure most illnesses / injuries or in the worst case, determine the proper disability grading of the seafarer. We now have to wait and see how future decisions of the Court will address the issue.

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