G.R. No. 226656 & 226713. April 23, 2018.
ARNEL T. GERE, PETITIONER, VS. ANGLO-EASTERN CREW MANAGEMENT PHILS., INC. AND/OR ANGLO-EASTERN CREW MANAGEMENT (ASIA), LTD., RESPONDENTS. [CONSOLIDATED CASES]

FACTS

Seafarer Arnel T. Gere suffered a work-related accident on board the vessel, fracturing his right radius. He was repatriated and placed under the care of the company-designated physician. The company physician issued an interim disability grading of “Grade 10” on April 28, 2014, and a final assessment of “Grade 10” on August 12, 2014. The employer, Anglo-Eastern, claimed it informed Gere of these findings and offered the corresponding benefit. Gere, however, contended he was never formally apprised of these medical assessments.
Believing more than 240 days had lapsed without a final assessment from the company doctor, Gere consulted his personal physician on September 11, 2014. His doctor diagnosed him with “partial permanent disability” rated at Grade 8 and declared him permanently unfit for sea duty. Gere thus claimed total and permanent disability benefits under the Collective Bargaining Agreement (CBA). The employer denied the claim, leading to voluntary arbitration.

ISSUE

Whether the seafarer was justified in consulting a personal physician and claiming a higher disability rating without being formally informed of the company-designated physician’s final assessment.

RULING

No. The Supreme Court affirmed the Court of Appeals’ decision, which modified the arbitral award. The Court held that Gere prematurely consulted his personal doctor. The company-designated physician issued a final disability assessment within the 240-day period. Critically, the law and jurisprudence require that for the opinion of a seafarer’s chosen physician to be considered, there must first be a valid referral by agreement of the parties. This referral process is triggered only after the seafarer is formally informed of the company doctor’s assessment and disagrees with it.
The Court emphasized that requiring a seafarer to seek a third-party opinion without first being informed of the company physician’s findings violates due process. It deprives the employer of the right to be heard and to contest a differing opinion. Since Gere was not shown to have been properly notified of the final “Grade 10” assessment, he had no basis to invoke the conflict-resolution procedure under the POEA-SEC or the CBA. Consequently, the company doctor’s assessment stands. However, the benefit was correctly computed based on the 2010 POEA-SEC, not the higher CBA rate, as the CBA clause for full compensation for disabilities below 50% requires certification by the company doctor, which Gere did not obtain.