GR 152273; (September 2007) (Digest)
G.R. No. 152273 September 11, 2007
MARS C. PALISOC, petitioner, vs. EASWAYS MARINE, INC., CAPT. MARIO R. BRAZA, and CAPT. MACARIO TERENCIO, respondents.
FACTS
Petitioner Mars C. Palisoc was hired as a seafarer by respondents. On March 6, 1997, he fell ill and was eventually repatriated to Manila on March 23, 1997, for medical treatment. The company-designated physician performed a gallbladder removal surgery on May 16, 1997. Respondents paid his sickness allowance for 120 days as required. After more than 120 days from repatriation, the company physician had not issued a final disability assessment. Instead, the company clinic’s Medical Director issued a “fit to work” certificate on August 20, 1997. Petitioner then consulted his own doctor, who issued a certificate rating him with an Impediment Grade of 6. Petitioner claimed permanent disability benefits, which respondents refused.
ISSUE
Whether petitioner is entitled to permanent total disability benefits despite the company-issued “fit to work” certificate.
RULING
Yes. The Supreme Court granted the petition and ruled in favor of the seafarer. The legal logic centers on the interpretation of the 120-day period under the POEA Standard Employment Contract (POEA-SEC) and the doctrine of permanent total disability. The Court emphasized that permanent disability refers to the incapacity to perform one’s usual work for more than 120 days. Here, the company-designated physician failed to issue a final assessment of petitioner’s disability grade within the 120-day period from his repatriation. The “fit to work” certificate was issued only on August 20, 1997, which was beyond the 120-day period that started on March 23, 1997. Consequently, petitioner’s inability to work for more than 120 days rendered him permanently and totally disabled, entitling him to corresponding benefits. The Court rejected the private physician’s certificate for computation purposes but upheld the entitlement based on the lapse of time. The case was remanded to the Labor Arbiter to determine the proper disability grade and compute the benefits, as the private doctor’s assessment could not be used. The ruling reinforces that the failure of the company doctor to give a timely assessment within the 120-day period results in a presumption of permanent total disability for the seafarer.