ALDABA v. CAREER PHILIPPINES

Paulino M. Aldaba Vs. Career Philippines, Shipmanagement, Inc., Columbia Shipmanagement Ltd., and/or Verlou Carmelito

G.R. No. 218842

June 21, 2017

FACTS:

Petitioner was hired by respondent as a seafarer on one of its ships. In the performance of his duties, petitioner was accidentally hit by metal chains where he fell and sustained back injuries. Petitioner was examined in Hongkong where he was declared unfit to work and was repatriated. Upon his arrival to Manila, he was referred to the company-designated physician and was given a grade 8 disability. Petitioner sought an orthopedic surgeon and was diagnosed of permanent disability. Petitioner demanded for benefits of permanent disability but respondents did not heed the demands. Petitioner filed to the courts praying for permanent disability benefits.

ISSUE:

Whether or not petitioner is entitled permanent disability benefits.

HELD:

Yes, petitioner is entitled to permanent diasability benefits.

In Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr., 28 this Court set forth the following guidelines, to wit: 1. 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; 2. 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; 3. 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 4. 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 was only able to issue a certification declaring respondent to be entitled to a disability rating of Grade 8 on the 163rd day that petitioner was undergoing continuous medical treatment, which is beyond the period of 120 days, without justifiable reason. It must be remembered that the employer has the burden to prove that the company-designated physician has sufficient justification to extend the period. In this case, the respondents failed to do so. Therefore, the company-designated physician, failing to give his assessment within the period of 120 days, without justifiable reason, makes the disability of petitioner permanent and total.