GR 211187; (April, 2018) (Digest)
G.R. No. 211187 . April 16, 2018
SCANMAR MARITIME SERVICES, INC. and CROWN SHIPMANAGEMENT, INC., Petitioners, vs. CELESTINO M. HERNANDEZ, JR., Respondent.
FACTS
Respondent Celestino M. Hernandez, Jr., an Able Seaman, was deployed by petitioners under a nine-month contract. During his employment, he experienced pain in his inguinal area, leading to his medical repatriation. The company-designated physician diagnosed him with Epididymitis and Varicocoele, for which he underwent surgery in March 2010. He underwent continuous post-operative treatment. On July 20, 2010, while still under treatment, Hernandez filed a complaint for permanent disability benefits. On August 12, 2010, his personal physician, Dr. Pascual, declared him unfit for sea duty. In contrast, the company-designated physician, Dr. Gatchalian, declared him fit to work on August 24, 2010. Petitioners argued that Hernandez’s illness was not work-related and that his failure to seek a third-doctor opinion, as per the POEA-SEC, was fatal to his claim.
ISSUE
Whether respondent Hernandez is entitled to permanent total disability benefits.
RULING
Yes. The Supreme Court affirmed the awards granted by the Labor Arbiter, NLRC, and Court of Appeals. The legal logic centers on the application of the 120/240-day rule for disability assessment and the failure of the company-designated physician to issue a timely and definitive final assessment. Hernandez was repatriated on February 6, 2010. The company physician performed surgery and provided treatment but only declared him fit on August 24, 2010, which was beyond the 240-day maximum period allowed by law for the issuance of a final assessment. Under the POEA-SEC and established jurisprudence, when the company-designated physician fails to give a final assessment within 240 days from repatriation, the seafarer’s disability is deemed permanent and total.
The Court rejected petitioners’ argument that Hernandez’s failure to consult a third doctor barred his claim. The obligation to seek a third opinion arises only when there is a conflict between the assessments of the company doctor and the seafarer’s personal doctor. In this case, no conflict existed at the time the cause of action accrued because the company doctor had not yet issued any fit-to-work assessment when Hernandez filed his complaint. By the time the company doctor issued his fit-to-work declaration, it was already beyond the 240-day period, thereby rendering the disability permanent and total by operation of law. Consequently, Hernandez was entitled to the maximum disability benefit of US$60,000.00.