GR 218871; (January, 2017) (Digest)
G.R. No. 218871 , January 11, 2017
JEBSENS MARITIME, INC., SEA CHEFS LTD., and ENRIQUE M. ABOITIZ, Petitioners, vs. FLORVIN G. RAPIZ, Respondent.
FACTS
Respondent Florvin G. Rapiz was hired as a buffet cook by petitioners. While performing his duties in September 2011, he experienced severe pain and swelling in his right wrist/forearm from lifting heavy meat. Diagnosed with severe Tendovaginitis DeQuervain, he was medically repatriated on October 14, 2011. Upon repatriation, he underwent treatment with the company-designated physician, who, on January 24, 2012, issued a final medical report diagnosing him with tendinitis and sprain and assessing a Grade 11 disability under the POEA-SEC. Respondent consulted an independent physician, who assessed a Grade 10 disability. Claiming entitlement to permanent and total disability benefits, respondent filed a case before the Voluntary Arbitrators (VA).
The VA ruled in favor of Rapiz, awarding him permanent and total disability benefits plus attorney’s fees, reasoning that his disability persisted beyond 120 days from repatriation, rendering him unable to work as a cook. The Court of Appeals affirmed this decision, similarly holding that the inability to work for over 120 days justified the award of total and permanent disability benefits.
ISSUE
Whether the Court of Appeals correctly held that respondent is entitled to permanent and total disability benefits.
RULING
No. The Supreme Court reversed the decisions of the lower tribunals. The legal logic centers on the proper application of the periods for disability assessment under the POEA-SEC and relevant jurisprudence. The Court clarified that the 120-day period is not an automatic trigger for permanent and total disability. Following the rule in Vergara v. Hammonia Maritime Services, Inc. and Ace Navigation Company v. Garcia, the company-designated physician is allotted a 120-day period to treat the seafarer and assess disability. This period can be extended to 240 days if further medical treatment is required. A disability becomes permanent only upon the expiration of this maximum 240-day period without a declaration of fitness to work, or when the physician makes a final assessment within this timeframe.
In this case, the company-designated physician issued a final and definitive disability assessment of Grade 11 on January 24, 2012, which was well within the 240-day period from respondent’s repatriation on October 14, 2011. The assessment was not contested as being unsound or issued in bad faith. Therefore, the lower tribunals erred in ignoring this timely assessment and in relying solely on the lapse of 120 days to justify a higher rating. Consequently, the Grade 11 assessment is binding, and respondent is entitled only to the corresponding disability benefit under the POEA-SEC, not permanent and total disability benefits. The award of attorney’s fees was also deleted for lack of justification.