RA 12021: Third doctor to hasten money claims

RA 12021: Third doctor to hasten money claims
February 5, 2025 https://www.manilatimes.net/2025/02/05/business/maritime/ra-12021-third-...

DEBATES over some key provisions of Republic Act 12021, or the Magna Carta of Filipino Seafarers (MCFS), persist despite the recent approval of its Implementing Rules and Regulations (IRR).

To hasten the resolution of seafarers' money claims arising from disability caused by injury or illness, authors of RA 12021 have clothed third doctors with significant authority to decide the final disability grading of the seafarer.

Resource speakers from the government and the private sector underscored this during the forum organized by the Joint Manning Group (JMG) on the IRR of RA 12021 last Jan. 25 at the Amosup Convention Center.

In contrast to the present practice, where third doctors are merely optional, RA 12021 makes "them mandatory before any dispute settlement, arbitration proceeding, or case may be filed, when the issue is the disability grading of the seafarer or his fitness to work."

Equally important, the IRR highlights what MCFS provides in Section 57 that "[medical] findings of the third doctor shall be final and binding on both parties (seafarers and manning agencies)."

But before involving the third doctor, DMW Undersecretary Bernard Olalia explained that the first to make the medical assessment of the seafarer's disability would be the company-designated doctor (CDP).

"If the seafarer does not agree with the findings of the company-designated physician, ano ang next step? The seafarer has the option to get his own physician. So next would be the seafarer-designated physician," Olalia said.

"If the principal does not agree on the findings of the seafarer-designated physician, kung hindi magkatugma ang findings ng CDP at seafarer-designated physicians sa disability ng seafarer, what happens next?"

Only then would a third doctor be resorted to. "Dito na papasok ang government intervention because under the IRR, under the law, it will be the DMW that will facilitate the designation of the third doctor," Olalia said.

The third doctor will be jointly selected by the seafarer and the manning agency from a pool of Department of Health-accredited medical specialists.

Olalia also pointed to the law's requirement for a written request to DMW by the seafarer to refer the matter to a third doctor within 30 days of receiving the findings of his designated doctor.

Amosup Vice President Jesus Sale, quoting the IRR, said "a third doctor may be hired by the shipowner or manning agency to make a third medical assessment," emphasizing that it should be at no cost to the seafarer.

Moreover, whatever the third doctor's assessment on the disability grading of the seafarer, since it is "final and binding," will automatically form part of the undisputed amount of the seafarer's money claims.

While admittedly the forum shed light on some issues related to the employment of the third doctor for some 300 crewing executives of JMG member agencies that attended the gathering, it likewise bared some unresolved issues.

Olalia asked what if the seafarer and the manning agency could not agree on the third doctor?

"Paano kung hindi mag-agree? I do not know the answer, but that's very important. That should be provided in the rules [that DMW is formulating on the third doctor]."

Another issue is what would be the consequence if the required 30-day written request to DMW lapsed?

DMW Assistant Secretary for Seabased OFWs Jerome Pampolina could not offer a clear-cut answer.

"There is no consequence provided under the law. What the law says is the seafarer has to file it within 30 days. So we don't know if there will be a consequence to that (when the seafarer fails to comply)," Pampolina commented.

These are among the issues that must be addressed in the guidelines on selecting the third doctor that DMW promised to issue within the first quarter of the year.

EAC