GR 220608; (August, 2016) (Digest)
G.R. No. 220608, August 31, 2016.
MARCELINO T. TAMIN, Petitioner, vs. MAGS AYSAY MARITIME CORPORATION and/or MASTERBULK PTE. LTD., Respondents.
FACTS
Petitioner Marcelino T. Tamin was employed as Chief Cook by respondents. On November 16, 2011, while on duty, a chopping knife accidentally cut his left forefinger, causing its detachment. He was treated and repatriated. The company-designated physician, Dr. Benigno Agbayani, Jr., performed an amputation. In a Final Out Patient Consult Report dated May 11, 2012 (within 180 days from treatment start), Dr. Agbayani assessed petitioner with a Grade 11 disability (“Total loss of index finger”) but declared him “fit to return to work as a seafarer.” Petitioner, experiencing persistent pain and incapacity, consulted an independent physician, Dr. Manuel Fidel M. Magtira, on July 31, 2012, who found him permanently disabled with a Grade 9 impediment and “permanently UNFIT in any capacity for further sea duties.” Petitioner demanded disability benefits. The Voluntary Arbitrators (VA) granted his claim for permanent total disability benefits amounting to US$100,000. The Court of Appeals (CA) reversed the VA, giving credence to the company-designated physician’s assessment made within the 240-day period and noting petitioner’s failure to seek a third doctor’s opinion as per the POEA-SEC procedure.
ISSUE
Whether petitioner is entitled to permanent and total disability benefits.
RULING
No. The Supreme Court denied the petition and affirmed the CA Decision. The company-designated physician issued a final assessment of Grade 11 disability and a declaration of fitness to work within the 240-day period (specifically, within 180 days from the start of treatment on November 27, 2011). This assessment is deemed conclusive. The petitioner’s failure to refer the conflicting assessments of the company-designated physician and his personal doctor to a third doctor, as mandated by the POEA-SEC, results in the company-designated physician’s assessment being binding. The Court held that a disability rating under the POEA-SEC, coupled with a “fit to work” declaration, is a final assessment that precludes a claim for permanent total disability benefits. The nature of the seafarer’s work and his own perception of disability are irrelevant once a final assessment is issued within the legal period. The claim for permanent total disability benefits was therefore not warranted.