G.R. No. 239793 , January 27, 2020
Multinational Ship Management, Inc./Singa Ship Agencies, Pte. Ltd., and Alvin Hiteroza, Petitioners, vs. Lolet B. Briones, Respondent.

FACTS

Petitioner Multinational Ship Management Inc. (MSMI), a manning agency, and its foreign principal, Singa Ship Agencies PTE. LTD., hired respondent Lolet B. Briones as a Cabin Stewardess. After being declared fit for duty in her Pre-Employment Medical Examination (PEME), she commenced work on May 15, 2015. During her duty, Briones experienced back pains while performing tasks involving lifting. She received medical attention on board and was eventually disembarked and repatriated on September 24, 2015. Upon repatriation, she was referred to the company-designated physician, Dr. Keith Adrian Celino, who diagnosed her with back pain and Lumbago. She underwent treatment and physical therapy. On December 1, 2015, Dr. Celino issued a report stating her Lumbago was “resolved.” Briones, claiming she had not recovered, consulted her own physician, Dr. Manuel Fidel Magtira, who, after an MRI and treatment, issued a Certification dated March 10, 2016, declaring her “permanently UNFIT in any capacity to resume her sea duties.” Briones then filed a complaint for total and permanent disability benefits, sickness allowance, damages, and attorney’s fees. The Labor Arbiter ruled in her favor. The National Labor Relations Commission (NLRC) reversed the Labor Arbiter, dismissing the complaint, citing Briones’ failure to comply with the mandatory third-doctor referral procedure under the POEA-SEC and upholding the company doctor’s assessment. The Court of Appeals (CA) granted Briones’ petition, nullified the NLRC decision (except for the sickness allowance award), and awarded her total and permanent disability benefits and attorney’s fees, finding the company-designated physician’s assessment not definitive and giving more weight to her personal doctor’s evaluation.

ISSUE

Whether the Court of Appeals committed reversible error in awarding respondent total and permanent disability benefits despite her non-compliance with the third-doctor referral procedure under the POEA-SEC and in giving credence to her personal physician’s assessment over that of the company-designated physician.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ Decision and Resolution. The Court held that the referral to a third doctor is a mandatory procedure, and the seafarer’s non-compliance results in the affirmance of the company-designated physician’s assessment, provided it is timely and definitive. However, in this case, the Medical Report dated December 1, 2015, from the company-designated physician, Dr. Celino, failed to make a categorical and definite assessment of Briones’ fitness to work or assign a disability rating; it merely stated her Lumbago was “resolved.” This was not a final assessment as required. Consequently, Briones was deemed to have been unable to work for more than 120 days, resulting in a permanent and total disability. The Court found the assessment of Briones’ personal physician, Dr. Magtira, who conducted a thorough examination and explained her incapacity to perform her sea duties, to be more exhaustive and reflective of her medical condition. Therefore, Briones was entitled to total and permanent disability benefits, sickness allowance, and attorney’s fees.