Practice question
Under the signed RA 12021 IRR, proceedings involve conflicting disability assessments but no third-doctor grading. The tribunal orders the parties to seek and submit the third opinion within fifteen days. Despite diligent cooperation, they cannot do so through neither party’s fault or negligence. What does the IRR provide?
- The claim is automatically dismissed with prejudice
- The employer’s assessment automatically becomes conclusive
- The seafarer automatically receives the maximum disability award
- The tribunal may never proceed again
- Proceedings resume and the tribunal decides on the evidence presented under the no-fault safeguard
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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