G.R. No. 214542 , January 13, 2021
Ronnie L. Singson, Petitioner, vs. Arktis Maritime Corp./Filpride Shipping, Co., Inc./Prosper Marine Private Ltd., Respondents.

FACTS

Petitioner Ronnie L. Singson was hired as a third engineer officer on January 13, 2010, for a period of 10 months. He boarded the vessel on January 20, 2010. On October 13, 2010, he complained of severe stomach pains, was confined in Singapore, and was subsequently repatriated, arriving in Manila on October 17, 2010. The following day, he was examined by the company-designated physician, Dr. Lyn C. de Leon, who diagnosed him with “cholecystlithiasis and r/o pancreatic pseudo cyst” and recommended surgery. On February 28, 2011, 134 days after his repatriation, Dr. de Leon issued a Medical Report declaring petitioner “fit to work.” On September 12, 2011, petitioner filed a complaint for disability benefits, sickness allowance, refund of medical expenses, damages, and attorney’s fees, alleging the illness was work-related and that the company took no action on the recommended surgery. The Labor Arbiter granted his claims. The NLRC dismissed the respondents’ appeal initially for being filed out of time but later reconsidered and upheld the Arbiter’s decision. The Court of Appeals reversed the NLRC, finding petitioner not entitled to permanent and total disability benefits but awarding sickness allowance, refund of medical expenses, moral and exemplary damages, and attorney’s fees.

ISSUE

Whether or not the Court of Appeals committed serious errors of law in ruling that petitioner is not entitled to the award of total and permanent disability benefits.

RULING

The Petition is denied. The Supreme Court affirmed the Decision and Resolution of the Court of Appeals. The mere lapse of the 120-day period under Article 198(c)(1) of the Labor Code does not automatically give rise to a claim for permanent total disability benefits. Citing Vergara v. Hammonia Maritime Services, Inc., the Court clarified that if the seafarer requires further medical attention beyond 120 days, the temporary total disability period may be extended up to a maximum of 240 days, during which the employer may declare that a permanent disability exists. In this case, the company-designated physician declared petitioner “fit to work” on February 28, 2011, which was 134 days after the onset of his disability, well within the 240-day period. Since there was a declaration of fitness to work within the extended period, petitioner cannot claim permanent total disability benefits and is only entitled to temporary total disability benefits until the date he was declared fit to work.