SECOND DIVISION
G.R. No. 220949, July 23, 2018
RICKMERS MARINE AGENCY PHILS., INC., GLOBAL MANAGEMENT LIMITED AND/OR GEORGE C. GUERRERO, Petitioners, v. EDMUND R. SAN JOSE, Respondent.
D E C I S I O N
CAGUIOA, J.:
This Petition for Review on Certiorari1 (Petition) filed by Rickmers Marine Agency Phils., Inc., Global Management Limited and/or George C. Guerrero (collectively, petitioners), assails the Decision2 dated December 2, 2014 (Assailed Decision) and Resolution3 dated October 1, 2015 (Assailed Resolution) of the Court of Appeals (CA) in CA-G.R. SP No. 130065, which affirmed the Resolutions dated February 7, 2013 and March 15, 2013 of the National Labor Relations Commission (NLRC) granting permanent total disability benefits and attorney's fees to herein respondent Edmund R. San Jose (respondent).
Succinctly, the facts of this case show the Complainant Edmund R. San Jose was engaged by Respondent local manning agency Rickmers Marine Agency Phil. Inc. [and]/or George C. Guerrero for and in behalf of its foreign principal Global Management Limited, for deployment on board the vessel MV Maersk Edinburg under a nine (9) month Standard POEA Employment Contract for Filipino Seamen with a basic monthly salary of US$ 420.00 as a wiper. (Annex A, Complainant's Position Paper). Record also shows an addendum that provides for an additional US$ 40.00. Before deployment, Complainant underwent the necessary medical examinations and was declared fit for work. (Annexes C to F, Complainant's Position Paper). Thereafter, Complainant departed on June 28, 2010 to join his vessel on and assumed his post as a wiper/seaman.Findings of the LA and NLRC
Sometime in February 2011, Complainant upon waking complained of loss of/impaired vision in his left eye. His condition was then reported to the ship's captain and at the port of call in Singapore allowed for a medical examination of his left eye and prescribed eye drops. Even as his condition did not improve, Complainant continued with his journey and upon arrival in Le Havre, France, was seen by an ophthalmologist on February 28, 2011 who diagnosed him with retinal detachment/tear affecting the macula. (Annex G, Complainant's Position paper) and recommended for medical repatriation.
Upon arrival in Manila sometime in March 2011, Complainant was referred to the Respondent's designated physician, Dr. Natalio G. Alegre II of the Alegre Medical Clinic located at St. Luke's Hospital (Annex H, Complainant's Position Paper). Complainant was assessed to be suffering from rhegmatogenous retinal detachment with proliferative [vitreoretinopathy], lattice degeneration, myopia, OS,4 and was recommended for eye surgery to attach the retina. (Annex I, Complainant's Position paper). He underwent surgery and was confined for a period of three (3) days. (Annexes J and K, Complainant's Position Paper).
Since the procedure to attach a detached retina requires more than one (1) surgical operation, a second one was scheduled for September 2011. A medical certificate dated July 4, 2011 was then issued by the Respondents' designated physician that gave the Complainant a Partial Temporary Disability Rating (Annex L, Complainant's Position Paper). Respondents' designated physician thereafter gave him a "fit for work" rating on November 21, 2011 in so far as the cause of repatriation is concerned (Annex M, Complainant's Position Paper).
Even after undergoing more than one (1) eye surgery, the sight of the complainant in his left eye remains blurred if not impaired, thus he instituted this Complaint on February 14, 2012.5
Art. 192. Permanent Total Disability. — x x xSection 2, Rule X of the Amended Rules on Employees' Compensation implementing Title II, Book IV of the Labor Code, states:
x x x x
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules;
Sec. 2. Period of Entitlement. — (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System.Meanwhile, Section 20(B)(3) of the 2000 POEA-SEC, provides:
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days.Parsed, the above provisions may be condensed into the following guidelines:
For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.
In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. (Emphasis supplied)However, this presupposes that the company-designated physician issued a valid and timely assessment. Without the assessment, there will be no other basis for the disability rating. Thus, it is mandatory for company-designated physician to issue his assessment within the 120/240-day periods. Otherwise, the seafarer's illness shall be deemed total and permanent disability.
[T]he seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. x x xIn other words, the seafarer's condition is considered to be temporary total disability for the duration of his treatment which shall have an initial maximum period of 120 days. If the seafarer requires further medical treatment, the period may be extended to 240 days. Within the said periods, the company-designated physician must assess and certify the seafarer's condition; that is, whether he is "fit to work" or if the seafarer's permanent disability has become partial or total.
x x x x
x x x [A] temporary total disability only becomes permanent when so declared by the company physician within the periods he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or the existence of a permanent disability.14 (Emphasis and underscoring supplied)
SECTION 20. x x xAs stated above, the employer shall be liable for salaries of an injured or ill seafarer only while the latter is onboard the vessel. However, the seafarer shall be entitled to a sickness allowance equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. In this case, there is no dispute that petitioners paid respondent sickness allowance and covered the cost of his repatriation and medical treatment.
x x x x
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages during the time he is on board the vessel;
2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated.
However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician.
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed 120 days. (Emphasis supplied)
Endnotes:
1Rollo, pp. 36-87.
2 Id. at 88-101, penned by Associate Justice Vicente S.E. Veloso, and concurred in by Associate Justices Edwin D. Sorongon and Nina G. Antonio-Valenzuela.
3 Id. at 142-147, penned by Associate Justice Edwin D. Sorongon, and concurred in by Associate Justices Jane Aurora C. Lantion and Nina G. Antonio-Valenzuela.
4 "OS," abbreviation for "oculus sinister" or left eye. See Abbreviations Commonly Used in Opthalmology, available at (last accessed July 10, 2018).
5Rollo, pp. 89-90.
6 Id. at 159-199.
7 Id. at 166.
8 Id. at 215-247.
9 RULES OF COURT, Rule 45, Sec. 1.
10Miro v. Mendoza, Vda. De Erederos, 721 Phil. 772, 786-787 (2013).
11 2000 POEA-SEC, Sec. 20 (B)(3).
12Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr., 765 Phil. 341, 363 (2015).
13 588 Phil. 895 (2008).
14 Id. at 912-913.
15Heirs of Dela Cruz v. Philippine Transmarine Carriers, Inc., 758 Phil. 382, 401 (2015).