GR 191899; (June, 2015) (Digest)
G.R. No. 191899, June 22, 2015
Julius R. Tagalog, Petitioner, vs. Crossworld Marine Services Inc., Capt. Eleasar G. Diaz and/or Chios Maritime Ltd. Acting in Behalf of Ocean Liberty Ltd, Respondents.
FACTS
Petitioner Julius R. Tagalog was hired by respondents as a Wiper/Oiler. In November 2005, he injured his eyes by splashing them with a chemical cleaning solution while on board the vessel. He was diagnosed with bilateral pterygium and declared unfit to work on December 2, 2005. He underwent operations on both eyes in December 2005 and an excision for a granuloma in January 2006. He signed off from the vessel on January 21, 2006. Upon arrival in Manila, he was treated by the company-designated physician, Dr. Susannah Ong-Salvador. He underwent pterygium excision surgeries on his right eye (February 23, 2006) and left eye (March 17, 2006). On May 3, 2006, Dr. Ong-Salvador declared him fit to work, and he executed a Certificate of Fitness for Work. On September 7, 2006, petitioner consulted a private physician, Dr. Cynthia Canta, who declared him unfit to work. Petitioner then filed a complaint for permanent total disability benefits, arguing his disability lasted beyond 120 days from December 2, 2005. The Labor Arbiter and the NLRC ruled in his favor. The Court of Appeals reversed, applying the Vergara doctrine, and dismissed the complaint, finding that the company-designated physician declared him fit within the allowed period (102 days from sign-off, well within the 240-day maximum treatment period).
ISSUE
Whether petitioner is entitled to permanent total disability benefits.
RULING
No. The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The mere lapse of 120 days does not automatically convert a temporary total disability into a permanent total disability. Following the ruling in Vergara v. Hammonia Maritime Services, Inc., a temporary total disability becomes permanent only when so declared by the company-designated physician within the period he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or permanent disability. In this case, the company-designated physician declared petitioner fit to work on May 3, 2006, which was only 102 days after he signed off on January 21, 2006. This assessment was made well within the 240-day period. The Court upheld the primacy of the company-designated physician’s assessment, which was based on extensive treatment, over the single consultation and contrary opinion of petitioner’s private doctor. The Certificate of Fitness for Work executed by petitioner further supported the finding of fitness. Therefore, petitioner was not entitled to permanent disability benefits.