G.R. No. 224344, September 13, 2021
Edgardo I. Mabalot, Petitioner, vs. Maersk-Filipinas Crewing, Inc. and/or A.P. Moller A/S, Respondents.

FACTS

Petitioner Edgardo I. Mabalot was deployed as an Able Seaman by respondent Maersk-Filipinas Crewing, Inc. on March 4, 2011. In July 2011, he complained of pain in his left shoulder. He was medically examined in Japan on October 8, 2011, diagnosed with “Omarthritis,” and repatriated on October 15, 2011. The company-designated physician, Dr. Natalio G. Alegre II, assessed him with “Frozen Shoulder” on November 3, 2011. An MRI revealed “Supraspinatus and Subscapularis Tendinosis,” among other conditions. Dr. Alegre recommended surgery, but Mabalot sought a second opinion and postponed treatment. On February 2, 2012, Dr. Alegre issued an interim disability assessment of Grade 11. On March 5, 2012, Mabalot consulted his own physician, Dr. Manuel C. Jacinto, Jr., who issued a Medical Certificate declaring him permanently and totally disabled and unfit for work. On the same date, Mabalot filed a complaint for permanent total disability benefits. The Labor Arbiter awarded Grade 11 disability benefits. The NLRC reversed, awarding permanent total disability benefits, finding that more than 120 days had lapsed from repatriation without a fit-to-work declaration. The Court of Appeals reinstated the Labor Arbiter’s decision, giving credence to the company-designated physician’s assessment.

ISSUE

Whether the Court of Appeals erred in ruling that petitioner is entitled only to Grade 11 partial disability benefits instead of permanent total disability benefits.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals decision. The Court ruled that the company-designated physician’s assessment of a Grade 11 disability (partial and permanent) prevails over the contrary opinion of the seafarer’s personal physician. Dr. Alegre issued his interim assessment within the 120-day period, and there was no evidence that he abandoned Mabalot’s treatment or failed to issue a final assessment within the 240-day period. The Court emphasized that the company-designated physician is in the best position to assess the seafarer’s disability, having closely monitored his condition. Mabalot’s failure to undergo the recommended surgery and his act of seeking a second opinion without following the conflict-resolution procedure under the POEA-SEC contributed to the lack of a final assessment. Consequently, the interim Grade 11 assessment stood, and permanent total disability benefits were not warranted.