GR 168703; (February, 2013) (Digest)
G.R. No. 168703 ; February 26, 2013
RAMON G. NAZARENO, Petitioner, vs. MAERSK FILIPINAS CREWING INC., and ELITE SHIPPING A/S, Respondents.
FACTS
Petitioner Ramon G. Nazareno was hired as Chief Officer by Maersk Filipinas Crewing Inc. for its principal, Elite Shipping A/S. On March 25, 2001, while the vessel was in Brazil, he fell from a height of two meters, injuring his right shoulder. He was treated in various ports but was eventually repatriated to Manila on August 10, 2001. The company-designated physician, Dr. Emmanuel C. Campana, declared him fit for work on October 21, 2001. Dissatisfied, petitioner sought independent medical opinions from Dr. Cymbeline B. Perez-Santiago, a neurologist, and Dr. Efren R. Vicalto, who both assessed him with permanent disability and unfitness for sea duty.
Petitioner filed a complaint for disability benefits. The Labor Arbiter ruled in his favor, giving credence to his chosen physicians. The NLRC affirmed but deleted the sickness allowance. The Court of Appeals reversed, dismissing the complaint. It held that under the POEA-SEC, only the assessment of the company-designated physician is binding for disability claims.
ISSUE
Whether the Court of Appeals erred in ruling that the disability assessment of the company-designated physician is conclusive and binding, thereby dismissing petitioner’s claim for disability benefits.
RULING
The Supreme Court REVERSED the Court of Appeals and REINSTATED the NLRC Decision with modification. The legal logic is that while the company-designated physician’s assessment is primary, it is not absolute or automatically binding. The POEA-SEC intends to protect seafarers, and the physician’s declaration must be complete and just to be given weight.
Here, the company doctor’s “fit to work” declaration was issued merely two months after repatriation, which was premature. The POEA-SEC and jurisprudence require that for the assessment to be final, it must be issued within the 120-day or 240-day extended period. Dr. Campana’s assessment was made on the 71st day, well within the 120-day period, but it was contradicted by substantial evidence from petitioner’s doctors who conducted more extensive neurological examinations and found permanent disability. The Court found the findings of petitioner’s independent physicians more credible and comprehensive, demonstrating that his injury resulted in a permanent condition preventing a return to his former work. Therefore, petitioner is entitled to total and permanent disability benefits. The award of attorney’s fees was also reinstated as he was compelled to litigate.