GR 194677; (April, 2012) (Digest)
G.R. No. 194677 ; April 18, 2012
ALEN H. SANTIAGO, Petitioner, vs. PACBASIN SHIPMANAGEMENT, INC. and/or MAJESTIC CARRIERS, INC., Respondents.
FACTS
Petitioner Alen H. Santiago, employed as a riding crew cleaner by respondent Pacbasin Shipmanagement, Inc., suffered head, neck, and shoulder injuries on March 9, 2005, when hit by falling scaffolding pipes aboard the M/T Grand Explorer. He was repatriated and treated by the company-designated physician, Dr. Robert Lim. After treatment from March to July 2005, Dr. Lim issued a disability assessment of “Grade 12” (partial permanent) on August 13, 2005. Santiago later consulted his own physicians, Dr. Epifania Collantes and Dr. Efren Vicaldo. Dr. Vicaldo, in February 2006, assessed his disability as “Grade 7” and declared him unfit for sea duty.
Santiago filed a complaint for total permanent disability benefits. The Labor Arbiter ruled in his favor, adopting Dr. Vicaldo’s assessment and awarding full disability benefits. The National Labor Relations Commission (NLRC) reversed, holding he was only entitled to a Grade 12 partial disability benefit, as the company-designated physician made a timely assessment. The Court of Appeals affirmed the NLRC.
ISSUE
Whether petitioner is entitled to total and permanent disability benefits.
RULING
No. The Supreme Court denied the petition and affirmed the Court of Appeals. The legal logic centers on the procedural rules for disability assessment under the Philippine Overseas Employment Administration (POEA) Standard Employment Contract and prevailing jurisprudence. The Court clarified that the mere lapse of 120 days does not automatically convert a disability into total and permanent. Following Vergara v. Hammonia Maritime Services, the company-designated physician must be given the proper period, which can extend to 240 days, to make a definitive assessment.
Here, Dr. Lim issued a Grade 12 assessment on August 13, 2005, well within the 240-day period from Santiago’s repatriation on March 15, 2005. This assessment was therefore timely and definitive. Santiago’s failure to then refer the conflict between his doctor’s opinion and the company doctor’s assessment to a third, jointly agreed-upon physician, as mandated by the POEA contract, rendered the company-designated physician’s assessment binding. Consequently, the Grade 12 partial permanent disability rating stands, entitling him only to the corresponding benefit and not to total permanent disability compensation. The ruling emphasizes adherence to the contractual procedure for resolving conflicting medical assessments.