G.R. No. 223731 . August 30, 2017.
ROBELITO MALINIS TALAROC, PETITIONER, VS. ARPAPHIL SHIPPING CORPORATION, EPIDAURUS S.A., AND/OR NATIVIDAD PAPPAS, RESPONDENTS.

FACTS

Petitioner Robelito Talaroc was hired as a Third Officer. On March 16, 2013, while collecting mooring rope, he felt a sudden click in his lower back with pain and later developed fever. After treatment abroad, he was repatriated on March 26, 2013. The company-designated physician, Dr. Esther Go, diagnosed him with lumbar muscle strain, gastric ulcer, and hypertension. On April 29, 2013, he suffered a brainstem infarct (stroke). In a confidential medical report dated May 14, 2013, the physician stated his conditions were not work-related, assigned a tentative Grade 10 disability, and estimated he would reach maximum medical improvement in three months. Petitioner underwent treatment and follow-ups until August 22, 2013, when he was cleared only of his gastric condition.
On August 28, 2013, petitioner filed a complaint for disability benefits. He consulted an independent physician, Dr. Manuel Magtira, who declared him permanently unfit for duty on September 20, 2013. The Labor Arbiter dismissed the complaint for disability benefits. The NLRC reversed, awarding total permanent disability benefits. The Court of Appeals reinstated the Labor Arbiter’s decision, finding no entitlement to disability benefits.

ISSUE

Whether petitioner is entitled to total and permanent disability benefits.

RULING

Yes, the Supreme Court granted the petition and awarded total permanent disability benefits. The legal logic centers on the failure of the company-designated physician to issue a timely and definitive final assessment within the 120/240-day period, resulting in a permanent and total disability presumption. Petitioner was repatriated on March 26, 2013. The crucial May 14, 2013 report was merely tentative, stating an estimated three-month treatment period and a “suggested” Grade 10 disability. Critically, this was not a final assessment. No definitive final assessment on his fitness or permanent disability was issued by the company doctor within 240 days from repatriation. The last medical report dated August 22, 2013, only cleared his gastric issue, not his orthopedic and neurologic conditions. Since the 240-day period lapsed on November 21, 2013, without a final assessment, petitioner’s disability is deemed permanent and total. The independent physician’s finding of permanent unfitness corroborates this. The Court rejected the argument that petitioner abandoned treatment, as he consistently attended follow-ups until the company physician stopped issuing appointments. His subsequent independent consultation was justified. Therefore, the failure to give a final assessment within the statutory period entitles the seafarer to full disability benefits.