G.R. No. 194362; June 26, 2013
Philippine Hammonia Ship Agency, Inc. (now known as BSM Crew Service Centre Philippines, Inc.) and Dorchester Marine Ltd., Petitioners, vs. Eulogio V. Dumadag, Respondent.

FACTS

On February 12, 2007, petitioners hired respondent Eulogio V. Dumadag as an Able Bodied Seaman for a four-month contract. He underwent a pre-employment medical examination and was declared fit to work. During his contract in May 2007, Dumadag complained of difficulty sleeping and body temperature changes. He was examined in Japan on May 18, 2007, and found “fit for duty.” On June 20, 2007, after complaining of muscle stiffness, he was again examined in Japan and found “fit for light duty for 5-7 days.” Upon completion of his contract on July 19, 2007, he was referred to the company-designated physician, Dr. Wilanie Romero-Dacanay. After tests and treatment, he was assessed with “Adjustment Disorder with Mixed Anxiety and Depressed Mood,” “Hypercreatinine Phospokinase,” and “right Carpal Tunnel Syndrome,” and was subsequently declared “fit to resume sea duties as of November 6, 2007” by the company-designated specialist. Petitioners shouldered his medical expenses.
Dumadag was not rehired by the petitioners. He then consulted four personal physicians between December 5, 2007, and April 13, 2008, who assessed him with conditions including Carpal Tunnel Syndrome, minor depression, and adjustment disorder, with one physician declaring him “unfit to work” and another giving a permanent total disability assessment. Dumadag filed a claim for permanent total disability benefits, reimbursement, sickness allowance, and attorney’s fees.
The Labor Arbiter granted Dumadag’s claim, awarding US$82,500.00 in permanent total disability benefits plus attorney’s fees, a decision affirmed by the NLRC. The Court of Appeals denied the petitioners’ petition for certiorari, upholding the NLRC’s ruling.

ISSUE

Whether the Court of Appeals committed serious errors in ruling that Dumadag is entitled to permanent total disability benefits based on the findings of his personal physicians, disregarding the procedure under the POEA-SEC for disputing the company-designated physician’s assessment, and in considering his non-rehiring as proof of disability.

RULING

The Supreme Court GRANTED the petition, SET ASIDE the assailed decision and resolution of the Court of Appeals, and DISMISSED the complaint.
The Court held that the company-designated physician’s assessment of fitness to work, rendered within the 120/240-day period under the POEA-SEC, is accorded primacy. The seafarer has the right to seek a second opinion, but the procedure under the POEA-SEC and relevant jurisprudence (Vergara v. Hammonia Maritime Services, Inc.) requires that if the seafarer contests the company doctor’s assessment, the parties should agree on a third doctor whose opinion shall be final and binding. Dumadag failed to observe this procedure by unilaterally consulting multiple personal physicians. The findings of these personal physicians, being unsupported by the agreed-upon procedure, could not override the company-designated physician’s “fit to work” declaration. Furthermore, the non-rehiring of Dumadag, by itself, is not conclusive proof of a work-related disability absent evidence that he sought re-employment with the petitioners or was refused by other agencies due to his medical condition. The award of attorney’s fees was also deleted as the petitioners’ denial of the claim was based on a valid assessment from the company-designated physician.