G.R. No. 182430; December 4, 2009
LEOPOLDO ABANTE, Petitioner, vs. KJGS FLEET MANAGEMENT MANILA and/or GUY DOMINGO A. MACAPAYAG, KRISTIAN GERHARD JEBSENS SKIPSRENDERI A/S, Respondents.

FACTS

Petitioner Leopoldo Abante was hired as an able-bodied seaman in January 2000. In June 2000, he injured his back while working and was eventually repatriated. The company-designated physician, Dr. Roberto Lim, treated him, performed surgery, and ultimately declared him fit to resume sea duties by February 20, 2001. Abante refused to sign the Certificate of Fitness.
Abante then consulted his own physician, Dr. Jocelyn Myra Caja, who diagnosed him with “failed back syndrome” and gave a Grade 6 disability rating, rendering him permanently unfit for sea duty. This prompted Abante to file a complaint for disability benefits. The Labor Arbiter dismissed the complaint, ruling it was premature as Abante did not seek a third doctor’s opinion per the 2000 POEA Contract. The NLRC ordered a remand for referral to a third doctor. The Court of Appeals reversed the NLRC, reinstating the Labor Arbiter’s decision. It held the 1996 POEA Contract (Memo Circular No. 55) governed, as the employment contract was executed in January 2000, and this older contract lacked a provision for a third-doctor referral, making the company doctor’s assessment controlling.

ISSUE

Whether the Court of Appeals erred in applying the 1996 POEA Contract and in ruling that the assessment of the company-designated physician is solely controlling, thereby denying Abante’s claim for disability benefits.

RULING

The Supreme Court reversed the Court of Appeals and granted the petition. The legal logic centers on the correct application of the POEA Standard Employment Contract and the seafarer’s right to a second medical opinion. The Court clarified that while the employment contract was executed in January 2000, the illness and treatment occurred thereafter, and the parties had effectively adopted the terms of the 2000 POEA Contract, which was already in force. More critically, the Court emphasized that even under the 1996 POEA Contract, a seafarer’s right to seek a second opinion from a physician of his choice is recognized. This right is expressly codified in Section 20(B)(3) of the 2000 Contract, which states that if a doctor appointed by the seafarer disagrees with the company doctor’s assessment, a third doctor may be jointly agreed upon.
The Court held that Abante validly exercised this right by consulting his own doctor after the company physician’s declaration. The conflicting assessments created a situation requiring resolution. The company’s failure to engage in the process of appointing a third doctor, as envisioned by the contract, could not prejudice the seafarer. Given the conflicting medical findings and the nature of Abante’s injury, which prevented him from resuming his work as a seaman, the Court found him entitled to permanent total disability benefits. The award was set at US$60,000.00 under the applicable contract schedule, plus attorney’s fees.