G.R. No. 212382 . April 6, 2016.
SCANMAR MARITIME SERVICES, INCORPORATED, CROWN SHIPMANAGEMENT INC., LOUIS DREYFUS ARMATEURS AND M/T ILE DE BREHAT AND/OR MR. EDGARDO CANOZA, Petitioners, vs. EMILIO CONAG, Respondent.

FACTS

Respondent Emilio A. Conag, a bosun’s mate, was deployed by petitioner Scanmar Maritime Services, Inc. on March 27, 2009. On June 19, 2009, he felt numbness in his hip and back while performing deck duties. After temporary relief, the pain recurred, leading to his medical repatriation on August 25, 2009. Upon arrival, he was treated by company-designated physicians at Metropolitan Medical Center. After 95 days of treatment, the company doctors declared him fit to resume sea duties on December 1, 2009, and Conag signed a Certificate of Fitness for Work. Conag claimed he was required to sign it for the release of his sick pay and that his condition deteriorated. On February 18, 2010, he filed a complaint for permanent disability benefits. He consulted his own doctor, Dr. Manuel C. Jacinto, Jr., who on March 20, 2010, issued a certificate stating his condition did not improve and assessed him as unfit for work. The Labor Arbiter awarded Conag permanent disability benefits. The NLRC reversed, dismissing the complaint for Conag’s failure to comply with the POEA-SEC requirement of seeking a third doctor’s opinion in case of disagreement and finding the company doctors’ assessment more credible. The Court of Appeals reinstated the Labor Arbiter’s decision, finding Conag’s spinal injuries caused total disability.

ISSUE

Whether the Court of Appeals erred in awarding Conag full disability compensation and attorney’s fees, disregarding the medical findings of the company-designated physicians and invoking the 120-day rule.

RULING

The Supreme Court GRANTED the petition, REVERSED the Court of Appeals Decision, and REINSTATED the NLRC Decision dismissing the complaint. The Court ruled that the company-designated physicians’ declaration of fitness, made within the 120-day period, is binding. Conag failed to comply with the mandatory procedure under the POEA-SEC by not seeking a third doctor’s opinion to contest the company doctors’ assessment. The medical certificate from his personal doctor, Dr. Jacinto, was insufficient as it lacked detail on dates, tests, and treatments, and thus could not overcome the detailed and substantiated assessment of the company-designated physicians. The 120-day rule under the Labor Code does not apply; the relevant period is governed by the POEA-SEC, which bases disability on the schedule of grades, not treatment duration. The company-designated physicians’ assessment was made within the 120-day period and was conclusive in the absence of a contrary opinion from a third doctor jointly chosen by the parties. Consequently, the award of attorney’s fees was also deleted.