GR 209582; (January, 2018) (Digest)
G.R. No. 209582, January 19, 2018
TEEKAY SHIPPING PHILIPPINES, INC., and/or TEEKAY SHIPPING LTD., and/or ALEX VERCHEZ, Petitioners, vs. ROBERTO M. RAMOGA, JR., Respondent.
FACTS
Respondent Roberto M. Ramoga, Jr. was employed as a Deck Trainee by petitioners. On October 4, 2010, he was repatriated after sustaining a work-related foot fracture. The company-designated physician, Dr. William Chuasuan, Jr., performed surgery and continued treatment. On April 8, 2011, or 186 days from repatriation, Dr. Chuasuan issued a certification declaring respondent fit to return to work. Unsatisfied, respondent consulted his own physician, Dr. Rogelio Catapang, who declared him permanently unfit for sea duties. Respondent thus filed a complaint for permanent total disability benefits.
The Labor Arbiter and the National Labor Relations Commission (NLRC) ruled in favor of respondent, awarding disability benefits. The Court of Appeals affirmed, holding that the company-designated physician failed to issue a final assessment within the 120-day period under the Philippine Overseas Employment Administration (POEA) Standard Employment Contract, thereby entitling respondent to permanent total disability benefits.
ISSUE
Whether respondent is entitled to permanent total disability benefits despite the company-designated physician’s fit-to-work certification issued within 240 days from repatriation.
RULING
The Supreme Court REVERSED the Court of Appeals and DISMISSED the complaint. The Court held that the 120-day period under the POEA contract is not absolute. Following established jurisprudence, particularly Elburg Shipmanagement Phils., Inc. v. Quiogue, the company-designated physician is allowed up to 240 days to issue a final, definitive assessment on a seafarer’s disability, provided there is a sufficient justification for the extension, such as when further medical treatment is required.
In this case, the company-designated physician issued a fit-to-work certification on the 186th day. This was well within the 240-day extended period. The physician’s assessment, based on months of medical attendance, carries more weight than the private doctor’s single examination. Since a final assessment was rendered within the legally permissible period, no constructive total disability is deemed to have occurred. Respondent’s filing of the complaint on March 4, 2011, was premature, as the 240-day period had not yet lapsed. Consequently, petitioners are not liable for permanent total disability benefits.