G.R. No. 231111 . October 17, 2018
CHRISTIAN ALBERT A. CARIÑO, PETITIONER, V. MAINE MARINE PHILS., INC., MISUGA KAIUN CO. LTD., AND CORAZON GUESE-SONGCUYA, RESPONDENTS.

FACTS

Petitioner Christian Albert A. Cariño was hired as a deck boy. On August 9, 2013, while working aboard M/V Raga, he slipped into a manhole, fracturing his right fibula and ankle. He underwent surgery in India and was repatriated on August 17, 2013. The company-designated physician initially provided post-repatriation care. However, Cariño alleged that after a September 10, 2013 visit, the respondent Maine Marine Phils., Inc. withheld approval for further treatment despite his persistent follow-ups via SMS and Facebook messages with company personnel. Constrained, he consulted an independent orthopedic surgeon, Dr. Nicanor F. Escutin, who issued an evaluation on March 5, 2014, declaring him unfit for sea duty.
Respondents argued they provided necessary medical attention and that Cariño abandoned his treatment by failing to report for his scheduled September 17, 2013 appointment. They contended his claim was unjustified as the company physician’s earlier medical advice indicated his condition was good and he would be declared fit after treatment.

ISSUE

Whether petitioner Cariño is entitled to permanent total disability benefits and related claims.

RULING

Yes, the Supreme Court granted the petition and awarded permanent total disability benefits. The legal logic centers on the employer’s breach of its duty to provide continuous medical care and the consequent application of the 120-day rule. The Court found that respondents effectively abdicated their responsibility to provide medical treatment after September 10, 2013. Cariño’s documented electronic communications proved his diligent follow-ups, which were ignored, negating the claim of abandonment. When an seafarer is forced to seek an independent physician due to the company’s inaction, he cannot be faulted.
Since the company-designated physician failed to issue a final assessment within the 120-day period from repatriation (which ended on December 15, 2013), and due to the employer’s failure to continue treatment, Cariño’s disability is deemed permanent and total. The independent physician’s finding of unfitness for sea duty substantiates this. The Court also awarded sickness allowance for the 120-day period and attorney’s fees, as Cariño was compelled to litigate. The liability of the local agency, foreign principal, and its corporate officer is joint and several under the POEA-SEC and the Migrant Workers Act. The NLRC and CA erred in dismissing the claim based on an unsubstantiated finding of treatment abandonment.