G.R. No. 236804 , February 01, 2021
Sea Power Shipping Enterprises, Inc., Ocean Wave Maritime Co. and Antonette Isabel A. Guerrero, Petitioners, vs. Ferdinand S. Comendador, Respondent.

FACTS

Respondent Ferdinand S. Comendador was employed as an Ordinary Seaman by petitioner Ocean Wave Maritime Co. through its agent, Sea Power Shipping Enterprises, Inc. On March 17, 2013, while on duty, he was injured when a metal cable wire snapped and coiled around his body, causing severe waist pain. After a delayed repatriation on September 16, 2013, he was referred to the company-designated physician, Dr. Jose Emmanuel F. Gonzales. He was hospitalized, underwent surgery for abscess drainage, and was discharged. On November 6, 2013, Dr. Gonzales issued a final medical report declaring Comendador “Fit to Resume Sea Duties.” On the same date, Comendador executed a “Certificate of Fitness for Work.” However, Comendador continued therapy and, on February 14, 2014, an MRI scan revealed persistent abscess formations in his waist. On February 24, 2014, he filed a complaint for disability benefits. On March 10, 2014, his personal physician, Dr. Misael Jonathan A. Tieman, issued a Disability Report declaring him permanently disabled and unfit for sea duty. The Labor Arbiter dismissed the complaint, giving credence to the company-designated physician’s assessment. The National Labor Relations Commission (NLRC) reversed the Labor Arbiter, granting Comendador total and permanent disability benefits. The Court of Appeals affirmed the NLRC’s decision.

ISSUE

Whether or not respondent Ferdinand S. Comendador is entitled to permanent total disability benefits.

RULING

Yes, the Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The company-designated physician’s declaration of fitness on November 6, 2013, was not a valid final and definitive assessment. The medical report was cursory, merely stating the wound had healed and Comendador claimed to be asymptomatic, without addressing the internal condition later revealed by the MRI. The law requires a meaningful assessment of the seafarer’s disability grading and fitness for sea duty. Without such a valid assessment, and considering the 120-day period for temporary total disability had lapsed without a declaration of fitness, Comendador’s temporary total disability, by operation of law, became permanent and total. The Certificate of Fitness for Work he signed was a quitclaim executed without sufficient consideration and thus invalid. The findings of his personal physician, supported by objective MRI results, were credible. Consequently, Comendador was entitled to permanent total disability benefits, sickness allowance, and attorney’s fees.