G.R. No. 184256. January 18, 2017.
MAERSK FILIPINAS CREWING INC., and MAERSK CO. IOM LTD., Petitioners, vs. JOSELITO R. RAMOS, Respondent.

FACTS

Respondent Joselito Ramos was employed as an able-seaman by petitioners. On November 14, 2001, his left eye was injured by a screw while on board. He was repatriated, treated by the company-designated physician, and underwent surgery. The company doctor later reported that although his left eye could not be improved, he was fit to work as his right eye could compensate. Petitioners paid his 120-day illness allowance. Ramos sought a second opinion from his own doctor, who opined he could not be employed for work requiring good vision. He filed a complaint for total permanent disability benefits before the Labor Arbiter (LA).
The LA dismissed the complaint for being prematurely filed, citing the failure of both parties to resort to a third-doctor referral as stipulated in the POEA contract when opinions differ. The National Labor Relations Commission (NLRC) reversed the LA, awarding Ramos disability benefits and damages. The Court of Appeals (CA) affirmed the NLRC’s finding of liability but deleted the awards for moral and exemplary damages.

ISSUE

Whether respondent Joselito Ramos is entitled to total and permanent disability benefits.

RULING

Yes, Ramos is entitled to disability benefits. The Supreme Court affirmed the CA ruling but modified the basis for the award. The Court clarified that the principle of “third-doctor referral” is not an absolute prerequisite for a claim’s validity, especially when the company-designated physician fails to issue a final assessment within the mandated 120/240-day period. In this case, the company physician declared Ramos “fit to work” only on January 7, 2004, long after the 240-day maximum period for treatment had lapsed from his repatriation in November 2001. This delay constituted a constructive total and permanent disability.
The legal logic is anchored on the security of tenure and social justice principles underpinning labor law. A seafarer is deemed totally and permanently disabled when his illness prevents him from performing his customary work for more than 120 or 240 days. The company’s failure to provide a timely final medical assessment within these periods inures to the benefit of the seafarer. The disability grading is determined by the Schedule in the POEA Contract. Ramos’s condition—loss of vision in one eye—falls under Grade 7 disability. Thus, petitioners are jointly and severally liable to pay the corresponding disability benefit of US$20,900.00 (the maximum under the contract) multiplied by the Grade 7 factor of 41.80%, amounting to US$8,736.20. Attorney’s fees are also awarded, as the claimant was compelled to litigate.