GR 179802; (November, 2008) (Digest)
G.R. No. 179802 November 14, 2008
MAGSAYSAY MARITIME CORP. and/or CONRADO N. DELA CRUZ and ODF JELL ASA, petitioners, vs. JAIME M. VELASQUEZ and THE HONORABLE COURT OF APPEALS, respondents.
FACTS
Respondent Jaime M. Velasquez was hired by petitioner Magsaysay Maritime Corporation as a second cook for its foreign principal, ODF Jell ASA. On July 28, 2003, while on duty aboard the M/T Bow Favour, he suffered a high fever and worsening condition, leading to hospitalization in Singapore from August 12 to October 13, 2003, after which he was repatriated. Upon repatriation, the parties presented conflicting accounts. Velasquez alleged he was not confined at St. Luke’s Medical Center as expected and sought treatment from an independent doctor, Dr. Efren Vicaldo, who diagnosed him with staphylococcal bacteremia, multiple metastatic abscesses, pleural effusion, and hypertension, declaring him unfit for work with a 120% disability grade. He filed a claim for disability benefits which petitioners refused. Petitioners maintained that upon repatriation, Velasquez was immediately referred to their company-designated physician, Dr. Natalio G. Alegre II, confined at St. Luke’s from October 13 to November 11, 2003, treated for about 90 days, and ultimately declared “cleared to work resumption as seafarer” on January 5, 2004, with petitioners shouldering his hospitalization expenses.
ISSUE
Whether the Court of Appeals erred in upholding the findings of the seafarer’s private physician over those of the company-designated physician regarding the seafarer’s fitness to work and entitlement to disability benefits.
RULING
The Supreme Court GRANTED the petition, REVERSED and SET ASIDE the decision of the Court of Appeals, and REINSTATED the decision of the NLRC which dismissed the complaint for lack of merit. The Court held that the POEA Standard Employment Contract clearly designates the company-designated physician as the authority to assess a seafarer’s disability grading or fitness to work. The medical findings of the company-designated physician, who treated and monitored Velasquez extensively over approximately 90 days, declaring him fit for work, must prevail over the contrary single-examination report of the seafarer’s private physician. The NLRC correctly found that Velasquez failed to substantiate his claim of permanent total disability or to overcome the company physician’s certification of fitness.