In Teekay Shipping Philippines, Inc. v. Mateo,1G.R. No. 243258, January 7, 2019. the Supreme Court reiterated the effect should the company-designated physician fail to issue a final assessment of the seafarer’s fitness to work within the 120/240-day period from medical repatriation. The Court ruled:
As correctly ruled by the CA, respondent’s work-related injury is deemed total and permanent by operation of law when the company-designated physician failed to arrive at a final assessment of respondent’s fitness to work within the 120/240-day treatment period following his repatriation on November 25, 2015. Moreover, the company-designated physician’s issuance of an Interim Disability Grade 11 is a mere initial determination of petitioner’s condition for the time being and therefore cannot be considered as a definite prognosis. Hence, the award of US$89,100.00 to respondent pursuant to the Collective Bargaining Agreement of the Philippine Seafarers Union, which covered respondent’s employment contract, must be sustained. In this regard, the CA cannot be faulted in sustaining the award of attorney’s fees as respondent was clearly compelled to litigate to protect his interest.
Further Reading:
- Teekay Shipping Philippines, Inc. v. Mateo, G.R. No. 243258, January 7, 2019.
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