Abosta Shipmanagement Corporation/Cido Shipping Company Ltd. hired the seafarer as an able seaman on board the vessel M/V Grand Quest. The seafarer boarded the vessel on 16 June 2009.
While he was on duty on 26 October 2010, the seafarer felt cramps followed by severe back pain. He was able to inform his master, who then advised him to rest. The next day, the seafarer was unable to stand that he remained in his cabin. When the vessel arrived in Panama, he was diagnosed with a lumbar disc problem and was recommended repatriation.
On 2 December 2010, the seafarer arrived in Manila and was referred to the company-designated physician, who then proceeded to treat him. On 8 July 2011 the company-designated physician issued a disability rating of “Grade 8 disability — moderate rigidity or 2/3 loss of motion or lifting power of the trunk.”
The seafarer asserts that despite the treatment he received, his condition did not improve, as the pain and discomfort persisted.
The seafarer sought treatment from his personal doctor, who conducted his own examination. Said doctor concluded that the nature and extent of the seafarer’s injury rendered him permanently and totally unable to work as a seafarer.
The seafarer demanded his employers to pay him total and permanent disability. Since the employers declined, the seafarer instituted his complaint for permanent total disability benefits and attorney’s fees against the former.
Questions:
- Is the seafarer entitled to permanent total disability benefits?
- Can he be granted attorney’s fees?
Answers:
1)
The seafarer is entitled to permanent total disability benefits.
Jurisprudence dictates that if there is a claim for total and permanent disability benefits by a seafarer, the following rules shall govern:
- The company-designated physician must issue a final medical assessment on the seafarer’s disability grading within a period of 120 days from the time the seafarer reported to him;
- If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer’s disability becomes permanent and total;
- If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (e.g., seafarer required further medical treatment or seafarer was uncooperative), then the period of diagnosis and treatment shall be extended to 240 days. The employer has the burden to prove that the company-designated physician has sufficient justification to extend the period; and
- If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer’s disability becomes permanent and total, regardless of any justification.
In the present case, the company-designated physician failed to issue a medical assessment on the seafarer’s disability grading and determine the seafarer’s fitness to work within the prescribed periods.
From the seafarer’s repatriation and immediate referral to the company-designated physician on 2 December 2010 until the 120th day of his treatment (31 March 2011), the latter did not issue any medical assessment.
Although on 8 July 2011, the company-designated physician was able to issue a disability rating of “Grade 8 disability — moderate rigidity or 2/3 loss of motion or lifting power of the trunk,” 219 days have already lapsed from 2 December 2020 without any sufficient justification for the extension of the 120-day treatment period.
Following prevailing jurisprudence, the seafarer’s disability has become permanent and total. Accordingly, the seafarer is entitled to permanent total disability benefits.
2)
The seafarer is also entitled to attorney’s fees. This is because under Article 2208, paragraph 8 of the Civil Code of the Philippines, attorney’s fees can be recovered in actions for indemnity under workmen’s compensation and employer’s liability laws.
Further reading:
- Abosta Shipmanagement Corp. v. Segui, G.R. No. 214906, January 16, 2019.
