GR 214290; (July, 2021) (Digest)
G.R. No. 214290 . July 06, 2021
CROWN SHIPPING SERVICES/DOLPHIN SHIPMANAGEMENT INC. AND/OR CARISBROOKE SHIPPING LTD. AND/OR MR. EMMANUEL P. GOMEZ AND/OR MS. SUSAN AGUSTIN, PETITIONERS, VS. JOHN P. CERVAS, RESPONDENT.
FACTS
Respondent John P. Cervas was hired as an Able Seaman by petitioners on September 12, 2012. On December 20, 2012, during a lifeboat drill in bad weather, he injured his left leg. He was diagnosed with “Fibular Diaphral Fracture” in Ecuador on January 8, 2013, and repatriated on January 23, 2013. Upon arrival, petitioners referred him to the company-designated physician, Dr. Carlos Lagman, who confirmed the work-related fracture and declared him unfit to work. Cervas underwent treatment until April 15, 2013, when Dr. Lagman’s report noted continued tenderness and fracture with callus formation, advising further observation and a return visit on May 20, 2013. Cervas did not return on that date, citing financial burden from traveling from Aklan to Manila for treatment and lack of improvement after four months. Instead, on May 2, 2013, he filed a complaint for total and permanent disability benefits before the NLRC. The Labor Arbiter dismissed the complaint, ruling Cervas had no cause of action for discontinuing treatment, and only 93 days had lapsed from his initial medical examination. The NLRC reversed, granting total permanent disability benefits, which the Court of Appeals affirmed. Petitioners elevated the case to the Supreme Court.
ISSUE
Whether the complaint was filed prematurely, thereby preventing Cervas from claiming permanent and total disability benefits.
RULING
The Supreme Court GRANTED the petition, REVERSED and SET ASIDE the Court of Appeals Resolutions, and REINSTATED the Labor Arbiter’s Decision with MODIFICATION.
The Court ruled that Cervas’ complaint was prematurely filed. Under the POEA-SEC and prevailing jurisprudence, the company-designated physician has 120 days from the seafarer’s repatriation to issue a final assessment on fitness or disability, extendable to 240 days if further medical treatment is required. Cervas was repatriated on January 23, 2013, and filed his complaint on May 2, 2013, which was only on the 100th day. At that point, the 120-day period had not yet lapsed, and the company-designated physician had not been given the full opportunity to make a definitive assessment. His unilateral abandonment of treatment prevented the physician from determining his condition. The absence of a final assessment within the 120-day period was due to Cervas’ own actions, not the physician’s failure. Therefore, he was not entitled to an automatic grant of total and permanent disability benefits. However, based on equity and social justice, the Court awarded Cervas financial assistance in the amount of P200,000.00.