Singa Ship Management Philippines, Inc. v. Ignes,1G.R. No. 243285, January 14, 2019. re-emphasized the rule that within the 120-day period from the seafarer’s repatriation, the company-designated physician must either make a definite assessment of the seafarer’s fitness to resume work or the degree of his permanent disability, or provide sufficient justification to extend the medical treatment from 120 days to 240 days. Failure of the company-designated physician to do so shall lead to a conclusive presumption that the seafarer’s disability is permanent and total. Said the Court:
[F]rom the time of Ignes’ repatriation on November 26, 2015 until the expiration of the one hundred twenty (120)-day period on March 25, 2016, there was neither a final medical assessment nor recommendation for further treatment issued by the company-designated physician (CDP). Notably, the CDP’s March 30, 2016 Disability Grading and Medical Report, which was in fact issued after the 120-day assessment period under Section 20 (A) (3) of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), did not state a definitive assessment of Ignes’ fitness or unfitness to resume his duties as a seafarer. While it declared that Ignes may return to work, it also stated that his capacity to return hinges on the result of his re-evaluation, which must be conducted six (6) months after his operation on January 25, 2016 or on or after July 25, 2016. It must be emphasized that the CDP must, within the 120-day period, either make a definite assessment of the seafarer’s fitness to resume work or the degree of his permanent disability,2See Elburg Shipmanagement Phils., Inc. v. Quiogue, 765 Phil. 341, 360 (2015). See also APQ Shipmanagement Co., Ltd. v. Caseñas, 735 Phil. 300, 320 (2014). See further Carcedo v. Maine Marine Philippines, Inc., 758 Phil. 166, 183 (2015). or provide sufficient justification to extend the medical treatment from 120 days to 240 days;3See Orient Hope Agencies, Inc. v. Jara, G.R. No. 204307, June 6, 2018. otherwise, the seafarer’s disability shall be conclusively presumed to be permanent and total,4See Jebsens Maritime, Inc. v. Rapiz, 803 Phil. 266, 273 (2017). as in this case. Accordingly, the CA did not err in upholding the award of permanent total disability benefits to Ignes.
Further reading:
- Singa Ship Management Philippines, Inc. v. Ignes, G.R. No. 243285, January 14, 2019.
