THE Court of Appeals ordered Jebsens PTC Maritime, Inc. and Hapag-Lloyd AG to pay $60,000 to a seaman in total and permanent disability benefits, ruling that he was not given a complete medical assessment within the prescribed period.
“Two requisites must concur: (1) an assessment must be issued within the 120/240-day window, and (2) the assessment must be final and definitive,” the 17-page decision written by Justice Edwin D. Sorongon read.
“A review of this case reveals that a complete and definitive medical assessment was not given to the private respondent within the prescribed period; hence, he is entitled to total and permanent disability benefits by operation of law,” it added.
The appellate court’s Sixth Division cited a Supreme Court ruling, emphasizing the company-designated doctor’s responsibility to issue a final and definitive assessment of the seafarer’s disability.
“As the case law holds, a final and definite disability assessment is necessary in order to truly reflect the true extent of the sickness or injuries of the seafarer and his or her capacity to resume work as such,” it added.
The tribunal added that the company-designated physician prepared a Certificate of Work Relation, which only describes the medical conditions the petitioner was diagnosed with.
“The company-designated physician remained mum on whether the petitioner’s meals onboard the vessel could have aggravated his condition… It becomes necessary to expound on this manner, instead of merely making a blanket statement that “petitioner’s work onboard cannot contribute to the development of his illness,” it added.
The company-designated physician said the seaman had inflammatory bowel disease and esophagitis and his work onboard was not related to the development of his illness.
“All told, the company-designated physician’s failure to issue a final and definite assessment within the period prescribed entitled petitioner to total and permanent disability benefits by operation of law,” it said.
The seaman initially argued he was entitled to $104,866 under the Collective Bargaining Agreement (CBA).
The appellate court, however, said he did not claim his medical condition was due to an accident that happened when he was performing his duties aboard his vessel.
This did not satisfy the three requisites laid by the Supreme Court to establish a seafarer’s entitlement to the superior disability benefits under the CBA.
“It is only apt to apply the provisions of the (Philippine Overseas Employment Administration’s Standard Terms and Conditions Governing the Employment of Filipino Seafarers Onboard Ocean-Going Vessels) regarding the amount of compensation for permanent and total disability to be awarded to (the) petitioner,” the tribunal said, explaining the award of $60,000.
The petitioner is also entitled to attorney’s fees and legal interest on his award.
A Labor Arbiter had earlier ruled that his medical conditions were not work-related, and that it was not established that they were developed during his employment.
The National Labor Relations Commission later upheld the Labor Arbiter’s finding. — Chloe Mari A. Hufana
