GR 239190; (February, 2021) (Digest)
G.R. No. 239190 , February 10, 2021
RAUL D. BITCO, PETITIONER, VS. CROSS WORLD MARINE SERVICES, INC., KAPAL (CYPRUS) LTD. AND/OR ELEAZAR G. DIAZ, RESPONDENTS.
FACTS
Petitioner Raul D. Bitco was hired as an Ordinary Seaman by respondent Crossworld Marine Services, Inc. In February 2015, while lifting supplies, he felt a snap in his lower back. The pain recurred in June 2015, leading to his repatriation on July 22, 2015. He was diagnosed with Post Effort Acute Lumbociatalgia and, after treatment, the company-designated physician assessed him with a partial disability (Grade 8) on December 15, 2015. On January 26, 2016, Bitco consulted his own physician, Dr. Renato P. Runas, who declared him unfit for duty with total permanent disability. The parties failed to settle, leading Bitco to file a complaint for total and permanent disability benefits. The Labor Arbiter granted the complaint, awarding US$60,000.00 plus attorney’s fees. The National Labor Relations Commission (NLRC) affirmed the decision. The Court of Appeals (CA) reversed the NLRC, ruling that the referral to a third doctor was a mandatory procedure under the POEA-SEC which Bitco failed to observe, making the assessment of the company-designated physician prevail.
ISSUE
Whether petitioner Raul D. Bitco is entitled to total and permanent disability benefits.
RULING
Yes. The Supreme Court granted the petition and reinstated the Labor Arbiter’s decision. The Court held that the company-designated physician failed to issue a final, definitive assessment of Bitco’s fitness or disability within the 120/240-day period as required by law. The medical report dated December 17, 2015, merely stated a Grade 8 assessment and recommended further therapy, without a clear declaration on Bitco’s capacity to resume work. This indecision transformed Bitco’s temporary total disability into a permanent total disability after the lapse of 240 days from his repatriation. The Court clarified that the referral to a third doctor under the POEA-SEC is not a mandatory precondition for filing a claim but a procedural tool for the seafarer’s benefit. Since no final assessment was issued within the statutory period, Bitco was deemed permanently and totally disabled. Consequently, he is entitled to total permanent disability benefits of US$60,000.00 and attorney’s fees.