In the Philippine maritime industry, the entitlement of a seafarer to disability benefits is governed by a complex interplay of contract, law, and jurisprudence. While the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) serves as the baseline, many seafarers are covered by a Collective Bargaining Agreement (CBA), which often provides significantly higher financial protection for Permanent Partial Disability (PPD).

1. The Primacy of the CBA

Under Philippine law, a CBA is the law between the parties. When a seafarer is injured or suffers an illness during the term of their contract, the first point of reference is whether a CBA exists (e.g., AMOSUP, PSU, or international frameworks like IBF-JSU).

If the CBA offers more favorable terms than the POEA-SEC, the CBA provisions prevail. Most CBAs utilize a tiered compensation system based on the "Degree of Disability," often using a fixed maximum amount (e.g., US150,000) as the 100% benchmark.

2. Legal Requisites for a Valid Claim

To successfully claim PPD benefits under a CBA, the following conditions must generally be met:

Work-Relatedness: The injury or illness must be work-related and must have occurred during the term of the contract.
The 120/240-Day Rule: This is a crucial jurisprudential framework.
If the Company-Designated Physician (CDP) fails to issue a final assessment within 120 days without a valid medical justification for extension, the disability is legally deemed Permanent and Total.
If there is a need for further treatment, the period may be extended to 240 days.
For Partial disability claims, the CDP must issue a specific disability grading (Grade 2 to 14) within this window.

3. The Grading System and Compensation

The POEA-SEC contains a "Schedule of Disability or Impedance Allowances" (Section 32). The CBA typically adopts this schedule but applies a different multiplier.

Disability Grade	Impedance (%)	Sample CBA Payout (if Max is $100k)
Grade 1	100%	US$ 100,000
Grade 8	33.59%	US$ 33,590
Grade 11	15.61%	US$ 15,611
Grade 14	3.74%	US$ 3,740

4. The "Conflict of Medical Opinions" Rule

A common flashpoint in PPD claims is the discrepancy between the Company-Designated Physician (CDP) and the seafarer’s Physician of Choice.

The CDP Assessment: The law presumes the CDP’s assessment is primary because they supervised the seafarer’s treatment.
The Second Opinion: The seafarer has the right to consult their own doctor.
The Third Doctor Rule: If the two medical opinions conflict, the parties must—under the POEA-SEC and most CBAs—agree on a Third Doctor, whose assessment shall be final and binding.

Note: Failure of the seafarer to initiate the appointment of a third doctor often results in the CDP’s lower PPD grading being upheld by the Labor Arbiter.

5. Permanent Partial vs. Permanent Total

A disability is "Partial" when the seafarer can still perform work, albeit with limitations. However, Philippine jurisprudence (starting from the landmark Crystal Shipping vs. Natividad case) establishes that if the injury prevents the seafarer from performing the same kind of work they were trained for for more than 120/240 days, the disability may be reclassified from Partial to Total and Permanent, regardless of the numerical grade assigned.

6. Procedural Roadmap for Claims

Notice: The seafarer must submit to a post-employment medical examination within three working days upon return.
Sickness Allowance: While undergoing treatment for PPD, the seafarer is entitled to 100% of their basic wage for a maximum of 120 days.
Filing: If the company refuses to pay the CBA-mandated amount for the assessed grade, the seafarer may file a complaint with the National Conciliation and Mediation Board (NCMB) for Voluntary Arbitration or the National Labor Relations Commission (NLRC).

Summary Table: POEA-SEC vs. CBA

Feature	POEA-SEC	CBA (Typical)
Max Benefit (Grade 1)	US$ 60,000	US$ 100,000 - US$ 180,000+
Disability Scale	Grades 1 to 14	Often follows POEA Grades but with higher rates
Attorney's Fees	10% of total award	10% of total award
Venue	NLRC / NCMB	Usually Mandatory Voluntary Arbitration (NCMB)