G.R. No. 229179, March 29, 2022
BENHUR SHIPPING CORPORATION/SUN MARINE SHIPPING S.A. AND EDGAR B. BRUSELAS, PETITIONERS, VS. ALEX PEÑAREDONDA RIEGO, RESPONDENT.

FACTS

Respondent Alex Peñaredonda Riego was employed as Chief Cook. He felt abdominal and lower back pain on board and was repatriated on December 15, 2013. He was treated by the company-designated physician from December 16, 2013. On May 26, 2014, the company-designated physician issued a final medical assessment grading his disability at Grade 11 (one-third loss of lifting power). However, on May 30, 2014, the same physician issued a certification stating respondent was undergoing medical evaluation/treatment from December 16, 2013 “to present.” Respondent sought a second opinion from his chosen physician, Dr. Fidel M. Magtira, who declared him permanently unfit for work. Through counsel, respondent sent letters on June 11 and 25, 2014, informing petitioners of this contrary assessment and requesting referral to a third doctor. Petitioners did not act on the request. Respondent filed a complaint for total and permanent disability benefits.

ISSUE

Whether respondent is entitled to total and permanent disability benefits.

RULING

Yes. The Concurring and Dissenting Opinion agrees with the ponencia‘s denial of the petition but on a specific ground: the company-designated physician failed to issue a final and valid assessment within the 120/240-day period mandated by law. The May 26, 2014 assessment was not final because the May 30, 2014 certification indicated treatment was still ongoing. Consequently, respondent’s disability is deemed total and permanent by operation of law, following Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr.. Since there was no valid final assessment from the company-designated physician, the conflict-resolution mechanism (referral to a third doctor) does not apply, as held in Sea Power Shipping Enterprises, Inc. v. Comendador. The discussion on the “referral to a third doctor” rule was therefore unnecessary.