G.R. No. 207511 , October 05, 2020.
Philippine Transmarine Carriers, Inc., Carlos C. Salinas, and/or General Maritime Management LLC, Petitioners, vs. Almario C. San Juan, Respondent.

FACTS

Respondent Almario C. San Juan was hired by petitioner Philippine Transmarine Carriers, Inc. (PTCI) as Chief Cook on August 26, 2009. During his Pre-Employment Medical Examination (PEME), he declared he had “hypertension treated with medication” and was certified “fit to work.” While working on board the vessel, San Juan suffered fatigue, shortness of breath, severe headaches, and collapsed several times. He was medically examined in India, where a certificate indicated his high blood pressure was not controlled by medication. He was medically repatriated on February 1, 2010, and referred to company-designated physicians. On April 20 and 30, 2010, the company doctors certified him as “fit to resume sea duties” and “fit to work.” San Juan executed a Certificate of Fitness for Work on April 30, 2010, but was not rehired. On May 26, 2010, he filed a complaint for permanent total disability benefits and sickness allowance. On July 8, 2010, his personal physician, Dr. Antonio C. Pascual, certified him as “medically unfit to work in any capacity as a seaman.” The Labor Arbiter awarded San Juan permanent total disability benefits and sickness allowance. The National Labor Relations Commission (NLRC) reversed, denying the award. The Court of Appeals set aside the NLRC ruling and reinstated the Labor Arbiter’s decision.

ISSUE

Whether respondent Almario C. San Juan is entitled to permanent total disability benefits.

RULING

Yes. The Supreme Court denied the petition and affirmed the Court of Appeals decision, holding that San Juan is entitled to permanent total disability benefits. The Court ruled that the company-designated physicians’ fit-to-work certifications, issued within the 120-day period, did not conclusively establish San Juan’s fitness. The 240-day period under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) is the crucial timeframe. Since San Juan’s disability persisted beyond 240 days from his repatriation without a declaration of fitness by the company doctor, he is deemed permanently and totally disabled. The conflicting assessment by his personal physician, who declared him unfit, further supports this. The Court emphasized that disability should not be measured by a seafarer’s fitness to return to his specific former work but by his incapacity to perform work for which he is trained or accustomed. San Juan’s non-rehiring and inability to find work as a seaman, despite being declared fit, indicate his permanent total disability. The award of sickness allowance was also proper as he was under treatment within the 120-day period.