G.R. No. 220657. March 16, 2022.
CELESTINO M. JUNIO, PETITIONER, VS. PACIFIC OCEAN MANNING, INC., MEGA CHEMICAL TANKER, AND ERLINDA S. AZUCENA, RESPONDENTS.

FACTS

Petitioner Celestino M. Junio, employed by respondent Pacific Ocean Manning, Inc., was working onboard MCT Monte Rosa when, on June 15, 2011, a hose detached and hit his left eye. His request for medical examination was denied as the vessel was departing. On September 11, 2011, he collapsed while working. He was examined by an offshore physician, Dr. Jenkins, who diagnosed him with posterior retinae partial tear, sinusitis, hyperlipidemia, and acute gastroduodenitis, and indicated these were not work-related. Celestino was repatriated on September 21, 2011. He reported to the manning agency two days later and requested medical treatment but was not referred to a company-designated physician. On February 10, 2012, he filed a complaint for disability benefits. On April 19, 2012, his personal physician, Dr. Tan, declared him unfit for duty. Respondents claimed Celestino finished his contract, did not request a post-employment medical examination within three days, and did not mention any ailment during debriefing. The Labor Arbiter dismissed the complaint for non-compliance with the three-day reporting rule. The NLRC reversed, awarding disability benefits. The Court of Appeals reinstated the Labor Arbiter’s decision, finding failure to comply with the three-day reporting requirement.

ISSUE

Whether petitioner Celestino M. Junio is entitled to permanent total disability benefits.

RULING

Yes. The Supreme Court granted the petition. The three-day mandatory reporting requirement for a post-employment medical examination is not absolute. The Court found that Celestino was medically repatriated and had reported to the respondents within three days of arrival to request medical attention, which was ignored. His failure to undergo a post-employment examination was due to the respondents’ refusal to refer him to a physician, which constituted a waiver of their right to assess his condition. Consequently, the medical assessment of his chosen physician, Dr. Tan, became binding. Furthermore, his illnesses, which persisted for more than 120 days, are deemed permanent and total, and are presumed work-related as they manifested during his employment. The Court reinstated the NLRC decision awarding Celestino US$60,000.00 as permanent total disability benefits and US$2,792.00 as sickness allowance, plus attorney’s fees.