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All Jurisprudence based

0 tracked cards Labor Law and Social Legislation

A dispute concerns conflicting medical disability gradings within RA12021 Section57. The parties want to proceed directly to arbitration without the mandatory statutory referral process, arguing that any CBA makes medical prerequisites irrelevant. Which is best?

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Only the shipowner’s preference determines the final grading A disagreement automatically proves total disability Every health dispute is necessarily excluded from the Act The applicable Section57 process must be addressed before a case on the covered grading, fitness or injury issue; the arbitration route does not itself remove that prerequisite

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