GR 207639; (July, 2015) (Digest)
G.R. No. 207639, July 1, 2015
BAHIA SHIPPING SERVICES, INC. and/or V-SHIP NORWAY and/or CYNTHIA C. MENDOZA, Petitioners, vs. CARLOS L. FLORES, JR., Respondent.
FACTS
On January 9, 2009, respondent Carlos L. Flores, Jr. was hired by petitioner Bahia Shipping Services, Inc. as a “Fitter” on board the vessel Front Fighter, owned by V-Ship Norway, for a nine-month contract. On April 15, 2009, while overhauling a relief valve, a spring valve flew and hit the left side of his face, causing severe injuries to his teeth and multiple abrasions. He was treated in Singapore, diagnosed with “blunt injuries to the left side of face,” declared unfit to return to ship, and repatriated to the Philippines on April 18, 2009. Upon repatriation, he underwent treatment by petitioners’ accredited doctors. On July 17, 2009, the company-designated physician gave him an interim disability rating of Grade 7. On September 4, 2009, an independent physician diagnosed him with conditions including cataract and certified he could not work as a seafarer. On September 10, 2009, respondent filed a complaint for disability benefits. He continued treatment with the company-designated physician until October 12, 2009, after which treatment stopped without a final disability rating being issued.
ISSUE
Whether or not the Court of Appeals correctly affirmed the National Labor Relations Commission ruling holding respondent to be entitled to permanent total disability benefits.
RULING
The petition is denied. The Supreme Court affirmed the CA Decision and Resolution. While the CA erred in stating that a disability becomes permanent and total upon the lapse of 120 days without a fitness declaration, the correct rule from Vergara v. Hammonia Maritime Services, Inc. is that the company-designated physician has up to 240 days from repatriation to treat the seafarer and issue a final assessment. In this case, respondent was repatriated on April 18, 2009. The 240-day period ended on December 14, 2009. The company-designated physician issued an interim rating on July 17, 2009, but after treatment stopped on October 12, 2009, neither a fit-to-work certification nor a final disability rating was issued by December 14, 2009. Consequently, under established case law, the conclusive presumption that the seafarer is totally and permanently disabled arises after the lapse of the 240-day period without such a declaration. Therefore, respondent is deemed permanently and totally disabled and entitled to the corresponding benefits under the Collective Bargaining Agreement.