GR 206285; (February, 2015) (Digest)
G.R. No. 206285, February 4, 2015
Veritas Maritime Corporation and/or Erickson Marquez, Petitioners, vs. Ramon A. Gepanaga, Respondent.
FACTS
Respondent Ramon A. Gepanaga was employed by petitioner Veritas Maritime Corporation as a Wiper Maintenance. On November 28, 2008, while working, his left middle finger was crushed and fractured. He was repatriated on December 3, 2008. The company-designated physician, Dr. Nicomedez G. Cruz, treated him and declared him “cleared fit to go back to work” on March 4, 2009, 91 days after repatriation. Unconvinced, Gepanaga consulted Dr. Edmundo A. Villa, who issued a report finding “permanent disability due to old compound fracture.” Gepanaga filed a complaint for permanent disability benefits. The Labor Arbiter dismissed the complaint, giving credence to the company doctor’s assessment. The NLRC reversed, awarding $89,100.00 based on the CBA and crediting Dr. Villa’s report. The Court of Appeals affirmed the NLRC but absolved petitioner Erickson Marquez from personal liability. Petitioners appealed to the Supreme Court, arguing that Gepanaga’s inability to work beyond 120 days does not automatically grant permanent disability benefits, citing the Vergara doctrine.
ISSUE
Whether respondent Ramon A. Gepanaga is entitled to permanent total disability benefits.
RULING
No. The Supreme Court REVERSED the Court of Appeals and REINSTATED the Labor Arbiter’s dismissal of the complaint. The Court held that the company-designated physician’s assessment, declaring Gepanaga fit to work within the 120-day period, is binding. The seafarer’s failure to request a referral to a third doctor, as mandated by the POEA-SEC and the CBA, rendered the company doctor’s assessment final. The mere lapse of more than 120 days from injury does not automatically entitle a seafarer to permanent total disability benefits. Dr. Villa’s medical certificate, issued unilaterally and without stating its basis months after the fit-to-work declaration, cannot override the company-designated physician’s assessment. Gepanaga’s ancillary claims for sickness allowance, damages, and attorney’s fees were likewise denied for lack of merit.