GR 244423; (November, 2020) (Digest)
G.R. No. 244423, November 04, 2020
Roberto F. Rodelas, Petitioner, vs. MST Marine Services (Phils.), Respondent.
FACTS
Petitioner Roberto Rodelas was hired as Chief Cook by respondent MST Marine Services. On May 6, 2014, he experienced severe lower back pain and was eventually repatriated. The company-designated physician diagnosed him with a herniated disc and recommended spine surgery. Rodelas was hesitant to undergo the procedure and remained undecided despite several follow-ups and alternative recommendations like epidural injections.
On September 6, 2014, the company physician issued an interim disability assessment of Grade 11. Rodelas sought a second opinion from his own doctor, who declared him permanently unfit for sea duty. MST Marine terminated his medical treatment on October 17, 2014, due to his indecision on the recommended surgery, and formally offered him compensation based on the Grade 11 assessment. Rodelas rejected this and filed a claim for permanent total disability benefits.
ISSUE
Whether the employer’s termination of medical treatment due to the seafarer’s indecision on a recommended surgical procedure constitutes a final disability assessment, and whether the seafarer is entitled to permanent total disability benefits.
RULING
The Supreme Court ruled in favor of the seafarer, awarding permanent total disability benefits. The Court clarified that a seafarer retains the right to consent to medical treatments, including surgery. The employer cannot force a procedure upon the seafarer. When MST Marine terminated the treatment within the 240-day period, it effectively abandoned the process of issuing a final and definitive assessment from its company-designated physician.
Legally, the termination of treatment before the expiration of the 240-day period, without a final assessment, results in a constructive admission that the seafarer’s condition is total and permanent. The interim Grade 11 assessment issued earlier was not conclusive. By cutting off treatment due to the seafarer’s valid hesitation, the employer failed to fulfill its obligation to provide a definitive evaluation. Consequently, Rodelas’ inability to work as a seafarer, as confirmed by his personal doctor, rendered him permanently and totally disabled, entitling him to the corresponding full benefits under the law and the Collective Bargaining Agreement.