G.R. No. 230502 . February 15, 2022
LUISITO C. REYES, PETITIONER, VS. JEBSENS MARITIME, INC. AND ALFA SHIP & CREW MANAGEMENT GMBH, RESPONDENTS.

FACTS

Petitioner Luisito C. Reyes was hired as Second Officer by respondent Alfa Ship & Crew Management GMBH through its local agent Jebsens Maritime, Inc. On December 26, 2013, during his contract, he allegedly slipped and fell on board, hitting his buttocks and causing lower back pain. He continued working and self-medicated. On March 21, 2014, he was medically examined in Sweden, where a CT scan revealed an L1 vertebra fracture. He was declared unfit for work and repatriated on March 29, 2014. Upon repatriation, the company-designated physician diagnosed him with a healed compression fracture of L1 secondary to osteoporosis. After treatment and physical therapy, he was declared “fit to work” on July 14, 2014, 108 days after repatriation. Petitioner sought second opinions from his chosen physicians, Dr. Manuel Fidel Magtira and Dr. Noel Trinidad, who both declared him permanently unfit for sea duties. Petitioner filed a complaint for total and permanent disability benefits, arguing his injury was work-related. The Labor Arbiter and the National Labor Relations Commission (NLRC) dismissed his complaint, finding he failed to substantiate the alleged accident and that the company-designated physician’s fit-to-work assessment was issued within the 120-day period. The Court of Appeals affirmed the NLRC’s decision.

ISSUE

Whether petitioner is entitled to total and permanent disability benefits.

RULING

No. The Supreme Court denied the petition and affirmed the lower courts’ decisions. The Court held that the company-designated physician issued a valid and timely assessment within the 120-day period, declaring petitioner “fit to work” on July 14, 2014, which was only 108 days from his repatriation on March 29, 2014. This assessment was final and binding as it was not shown to be arbitrary or issued in bad faith. Petitioner’s chosen physicians’ contrary opinions, rendered after single consultations and without adequate supporting tests, could not override the company-designated physician’s assessment. Furthermore, petitioner failed to provide substantial evidence to prove that his L1 compression fracture was work-related or that it resulted from an accident on board the vessel. His claim of an accident was uncorroborated and not reflected in the vessel’s records. The Court also found that the provisions of the Collective Bargaining Agreement (CBA) for accident-related injuries were inapplicable due to the lack of proof of an accident. Therefore, petitioner was not entitled to disability benefits.