Seaman wins $60,000 in disability benefits

Seaman wins $60,000 in disability benefits
Chloe Mari A. Hufana October 4, 2024 https://www.bworldonline.com/labor-and-management/2024/10/04/625748/seam...

THE Supreme Court (SC) ordered Fleet Management Services, Inc., its Philippine branch, and its Filipino director to pay a seaman $60,000 in permanent and total disability benefits with an attorney’s fee of 10%, ruling that the company doctor failed to give the worker a final assessment.

The tribunal also ordered the payment of 6% legal interest from the finality of the ruling until the obligation is discharged.

The court’s Second Division, in an 11-page decision written by Justice Jhosep Y. Lopez, cited an earlier ruling explaining what a “final assessment” is.

“A final, conclusive, and definite medical assessment must clearly state whether the seafarer is fit to work or the exact disability rating, or whether such illness is work-related, and without any further condition or treatment,” it said, citing Bitco vs. Crossworld Marine Services, lnc.

It added that it should require no further action from the company-designated physician and must be issued after all possible treatment options have been exhausted within the legally allowed time.

“Without a valid, final, and definitive assessment from the company-designated physician, the respondent’s temporary and total disability, by operation of law, became permanent and total,” it said.

It said the final medical report did not fully address all of the workers’ conditions and was issued without proper medical examination before the expiration of the 120-day treatment period.

It underscored the importance of fully informing the worker of his medical condition as the final medical report was only given to the worker through his wife’s Facebook Messenger, which raised questions on the communication of his health status.

“Worse, Fleet Ship’s evidence merely supports the inference that an image of the Final Medical Report was transmitted to [his] wife. There is no indication at all that the company-designated physician even attempted to explain the contents of the Final Medical Report to (the worker),” according to the ruling.

The case stemmed from a petition for review filed by the maritime company against its former seafarer, after the worker experienced severe medical issues aboard ship.

He had been employed by the company since 2012, serving several contracts as a fitter.

In 2019, while onboard the MV Silverstone Express, he encountered health issues such as weakness, dizziness, and vomiting.

He was later diagnosed with pneumonia and sepsis, among others, leading to his repatriation for treatment.

After he underwent an extended medical evaluation by the designated company doctors, he was declared fit to work. He disputed the findings and sought a second opinion.

His own doctor said that he was unfit to work, leading the seafarer to claim permanent and total disability benefits.

The Labor Arbiter and the National Labor Relations Commission ruled in favor of the worker, granting him disability compensation, but the company appealed the decision before the Court of Appeals.

Fleet Ship argued its doctors issued a valid medical assessment, declaring the worker fit to work and claiming that he failed to follow the third-doctor-referral rule.