Resolution of conflicting doctors’ assessments on a seafarer’s fitness to work

Resolution of conflicting doctors’ assessments on a seafarer’s fitness to work
DEAR PAO Persida Acosta January 18, 2026 https://www.manilatimes.net/2026/01/18/legal-advice/resolution-of-confli...

Dear PAO,

I was an overseas seafarer working as a Chief Mate for 13 years. Sometime in April 2024, I met an accident and fractured my arm while working onboard the ship. As a result, I was disembarked from the vessel for medical reasons. I underwent a medical examination by a company-designated physician, who advised that I should rest for three (3) months and return to work upon presentation of a fitness-to-work certificate. In August 2024, I returned to the company-designated physician for a health checkup, but the doctor refused to issue a clearance or fitness-to-work certificate to me, despite my full recovery. I, then, sought another opinion from a doctor, who issued a medical clearance to me, but the said certificate was refused by our company. The management claimed that I would not be admitted to work unless I am cleared by the company-designated doctor. I feel aggrieved by the acts of our company, but I do not know my legal remedies. Thus, I am seeking your legal advice.

Arturo

Dear Arturo,

Consistent with the State’s policy to protect the rights and welfare of Filipino seafarers, in terms of employment and equal opportunities in the maritime industry, Republic Act (RA) 12021, or the Magna Carta of Filipino Seafarers, sets out the rules and regulations governing the conduct of affairs of seafarers, shipowners and recruitment/manning agencies.

Pertinent thereto, Sections 7 to 23, Chapter III of RA 12021 explicitly detail a seafarer’s rights, particularly his/her right to a fair medical assessment in cases of injuries sustained onboard the vessel. Section 22 thereof outlines the statutory right of a seafarer to initiate a third medical assessment in case of differences of opinion between the company-designated physician and the seafarer’s doctor in their health evaluations.

Supplying details to the law, Section 5, Rule XI of the Implementing Rules and Regulations of RA 12021 outlines the steps to be taken whenever there is a dispute on the medical assessments of the company-designated physician and seafarer’s doctor, in which case referral to a third doctor is necessary, viz.:

Dear PAO,

I was an overseas seafarer working as a Chief Mate for 13 years. Sometime in April 2024, I met an accident and fractured my arm while working onboard the ship. As a result, I was disembarked from the vessel for medical reasons. I underwent a medical examination by a company-designated physician, who advised that I should rest for three (3) months and return to work upon presentation of a fitness-to-work certificate. In August 2024, I returned to the company-designated physician for a health checkup, but the doctor refused to issue a clearance or fitness-to-work certificate to me, despite my full recovery. I, then, sought another opinion from a doctor, who issued a medical clearance to me, but the said certificate was refused by our company. The management claimed that I would not be admitted to work unless I am cleared by the company-designated doctor. I feel aggrieved by the acts of our company, but I do not know my legal remedies. Thus, I am seeking your legal advice.

Arturo
A foreigner spouse may file a petition to declare a marriage void

Dear Arturo,

Consistent with the State’s policy to protect the rights and welfare of Filipino seafarers, in terms of employment and equal opportunities in the maritime industry, Republic Act (RA) 12021, or the Magna Carta of Filipino Seafarers, sets out the rules and regulations governing the conduct of affairs of seafarers, shipowners and recruitment/manning agencies.

Pertinent thereto, Sections 7 to 23, Chapter III of RA 12021 explicitly detail a seafarer’s rights, particularly his/her right to a fair medical assessment in cases of injuries sustained onboard the vessel. Section 22 thereof outlines the statutory right of a seafarer to initiate a third medical assessment in case of differences of opinion between the company-designated physician and the seafarer’s doctor in their health evaluations.

Supplying details to the law, Section 5, Rule XI of the Implementing Rules and Regulations of RA 12021 outlines the steps to be taken whenever there is a dispute on the medical assessments of the company-designated physician and seafarer’s doctor, in which case referral to a third doctor is necessary, viz.:

“Section 5. Determination of Disability Grading or Fitness to Work. xxx

“Whenever the seafarer disagrees with the final assessment of the company-designated physician, he or she may seek re-evaluation by a physician:

“(a) of his or her choice; and

“(b) whose specialization is on such illness or injury.

“Referral to a third doctor initiated by the seafarer shall be proper when the following requirements concur:“(a) the seafarer’s physician issued a disability grading different from that of the company-designated physician; and

“(b) the seafarer files a written request with the DMW within thirty (30) days from receipt of the disability grading of the seafarer’s physician.“After due consideration of all the medical documents issued by the company- and seafarer-designated physicians and strict adherence to the Schedule of Disabilities as provided in the SEC or the applicable CBA, as warranted, the third doctor shall issue a final disability grading which shall be binding upon the seafarer and the employer.

“xxx Failure to seek and submit as provided herein without fault or negligence from either party shall cause the NLRC, Voluntary Arbitrators/Panel of Voluntary Arbitrators to resume proceedings and decide based on the evidence presented. xxx”

Based on the foregoing, a seafarer has every right to demand from his/her employer or manning agency a third medical assessment to determine his/her fitness for work whenever there is a dispute on the evaluation of a worker’s health condition that prevents him/her to resume employment. This is a crucial requirement to discourage or hamper employers’ disreputable acts or practices that unjustly deprives a seafarer of his or her livelihood.

Thus, applying this to your case, you may request for a third medical assessment from a doctor who is accredited by the Department of Health. The doctor may be mutually selected by you and your employer, or in the absence of agreement, appointed by the Department of Migrant Workers (DMW) upon your written request.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].