Practice question
A company-designated physician gives a final disability assessment. The seafarer’s chosen specialist issues a contrary grading. Explain the section 57 referral, its selection and evidentiary safeguards, and the IRR’s treatment if a third grading cannot be obtained without either party’s fault.
Legal references
- https://lawphil.net/statutes/repacts/ra2024/ra_12021_2024.html — RA 12021, sections 22, 28–29, 32 and 57: medical assessment, PEME, liability and disability grading.
- https://stcw.marina.gov.ph/wp-content/uploads/2016/02/Signed-IRR-RA-NO.-12021_for_website-1.pdf — Signed RA 12021 IRR, Rule III 1.16, Rule V sections 3–4, Rule VI section 2 and Rule XI section 5: medical rights and third-doctor procedure, including no-fault procedural safeguard.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/58141 — POEA Memorandum Circular 10 s. 2010, adopting the 2010 minimum standard terms.
- https://www.delrosariolaw.com/images/stories/downloads/POEA%20SEC%20-%202010%20Amendments.pdf — Issued 2010 POEA Standard Employment Contract, section 20(B)(1), reproduced PDF: qualifying death compensation. The post-cutoff 2026 DMW-SEC is excluded.
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