Directing Labor Arbiters to Give Parties 15 Days to Secure the Services of a Third Doctor and 30 Days for Doctor to Submit Reassessment
The NLRC En Banc Resolution No. 008-14, issued on November 12, 2014, addresses the process for resolving disability claims of Filipino seafarers under the POEA Standard Employment Contract. It emphasizes that if there is a disagreement between a seafarer’s doctor and the employer’s assessment, both parties should agree on a third doctor, whose decision will be final and binding. To facilitate this, the resolution mandates that Labor Arbiters provide a 15-day period for the parties to secure the third doctor's services, followed by an additional 30 days for the doctor to submit a reassessment. This initiative aims to expedite the resolution of labor disputes involving seafarers in an efficient and cost-effective manner.
November 12, 2014
NLRC EN BANC RESOLUTION NO. 008-14
WHEREAS, the Second Paragraph of Section 20 (B) (3) of the POEA Standard Employment Contract Governing the Employment of Filipino Seafarers on Board Ocean Going Vessels (POEA-SEC), relative to disability claims of seafarers, provides that —
"If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties."
WHEREAS, it has been observed that employers and seafarers do not avail of this option to finally determine the entitlement of seafarers to disability benefits.
WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED, The Commission, in line with its mission to resolve labor disputes involving Seafarers in the fairest, quickest, least expensive and most effective way possible, directs all Labor Arbiters, during mandatory conference, to give the parties a period of fifteen (15) days within which to secure the services of a third doctor and an additional period of thirty (30) days for the third doctor to submit his/her reassessment.
Signed this 12th day of November 2014, Quezon City, Philippines.
(SGD.) GERARDO C. NOGRALESChairman
(SGD.) GREGORIO O. BILOG IIIPresiding Commissioner
(SGD.) ALEX A. LOPEZPresiding Commissioner
(SGD.) HERMINIO V. SUELOPresiding Commissioner
(SGD.) GRACE M. TANPresiding Commissioner
(SGD.) JOSEPH GERARD E. MABILOGPresiding Commissioner
(SGD.) VIOLETA O. BANTUGPresiding Commissioner
(SGD.) BARIO-ROD M. TALONPresiding Commissioner
(SGD.) PERLITA B. VELASCOCommissioner
(SGD.) ROMEO L. GOCommissioner
(SGD.) ALAN A. VENTURACommissioner
(SGD.) ERLINDA T. AGUSCommissioner
(SGD.) PABLO C. ESPIRITU, JR.Commissioner
(SGD.) ISABEL G. PANGANIBAN-ORTIGUERRACommissioner
(SGD.) NIEVES E. VIVAR-DE CASTROCommissioner
on leaveANGELO ANG PALAÑACommissioner
(SGD.) NUMERIANO D. VILLENACommissioner
(SGD.) DOLORES M. PERALTA-BELEYCommissioner
(SGD.) MERCEDES R. POSADA-LACAPCommissioner
(SGD.) JULIE C. RENDOQUECommissioner
(SGD.) JOSE G. GUTIERREZCommissioner
(SGD.) DOMINADOR B. MEDROSO, JR.Commissioner
(SGD.) PROCULO T. SARMENCommissioner
Attested by:
(SGD.) ELENITA F. CRUZExecutive Clerk of Court IV