This case has been cited 1 times or more.
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2015-12-07 |
DEL CASTILLO, J. |
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| In Sealanes Marine Services, Inc. v. Dela Torre,[43] the seafarer was repatriated on August 4, 2010 and underwent rehabilitation until July 20, 2011, exceeding the 240 days allowed to declare him either fit to work or permanently disabled. A partial disability rating of Grade 11 was issued by the company-designated physician on March 10, 2011 but the Court deemed this assessment only an interim one because of De La Torre's continued physical therapy sessions. The Court then granted De La Torre the maximum disability compensation because despite his long treatment and rehabilitation, he was unable to go back to work as a seafarer. In applying the Kestrel ruling, the Court held that if the seafarer's illness or injury prevents him from engaging in gainful employment for more than 240 days, then he shall be deemed totally and permanently disabled. The Court ratiocinated that while the seafarer is partially injured or disabled, he must not be precluded from earning or doing the same work he had before his injury or disability or that which he is accustomed or trained to do. | |||||