SECOND DIVISION
G.R. No. 226385, August 19, 2019
CELSO S. MANGUBAT, JR., PETITIONER, v. DALISAY SHIPPING CORPORATION, WEALTH SHIPPING LIMITED AND DANNY DADILA, RESPONDENTS.
D E C I S I O N
CAGUIOA, J.:
Before the Court is a Petition for Review on Certiorari1 (Petition) under Rule 45 of the Rules of Court assailing the Resolutions dated April 19, 20162 and August 15, 20163 of the Court of Appeals (CA) in CA-G.R. SP No. 142820. The CA dismissed the petition for certiorari assailing the Resolution4 dated May 29, 2015 of the National Labor Relations Commission (NLRC) in NLRC LAC No. (OFW-M) 03-000251-15, which affirmed with modification the Labor Arbiter's (LA) Decision5 dated February 17, 2015 in NLRC NCR Case No. (M) 10-13089-14 finding that petitioner Celso S. Mangubat, Jr. (petitioner) was not entitled to disability benefits.
Complainant [(petitioner herein)] was contracted by the respondents to work as an oiler on board the vessel M.V. SG Capital [for] a period of [10 months]. He joined the vessel on February 19, 2014. On February 28, 2014, complainant and the 4th Engineer performed maintenance work on the motor of a purifier situated at a narrow area. While they were trying to lift the motor, complainant took a step but went out of balance and fell off with his right leg hitting the deck floor x x x. Complainant was brought to a hospital in Australia and was repatriated for medical treatment on March 14, 2014. Complainant was referred to the company-designated physician and specialist at the Marine Medical Services of the Cardinal Santos Medical Center. Complainant was diagnosed to have a depressed fracture at the lateral tibial plateau of his right leg x x x. On April 9, 2014, complainant underwent Diagnostic Arthroscopy and Synovectomy in the knee joint and Percutaneous Screw Fixation of Sagittal Split Fracture at the Proximal Tibia of his right leg x x x and thereafter underwent physical rehabilitation program. As of May 5, 2014, complainant's range of motion of his right knee was 0 to 110 degrees (normal is 0 to 135) but swelling in his right knee was noted and-complainant complained of right knee pain x x x. As of June 9, 2014[,] the range of motion of complainant's right knee had increased to 115 degrees but there was still mild swelling in his right knee and complainant still [complained] of intermittent pain in his knee x x x. As of July 11, 2014, the range of motion of complainant's right knee was already full and complainant can do one leg squat, but complainant claimed to still have an on and off pain in his right knee. Complainant was advised to continue rehabilitation program for strengthening x x x. [A]s of July 25, 2014, the company-designated physician noted that complainant's manual muscle test was already 5/5 and complainant is ambulatory and can do activities such as bending his knees x x x. As of August 8, 2014, the company-designated physician noted that there was neither swelling nor instability in the joint and that complainant is ambulatory without difficulty and has no pain on weight bearing x x x. On the same day, the company-designated surgeon, who further noted that complainant has no calf atrophy and needed no further physical therapy, declared complainant as fit to work x x x. Complainant presented a medical certificate dated September 23, 2014 issued by the San Geronimo General Hospital in Morong, Rizal indicating that complainant was "treated" thereat from "July 9, 2014 up to present 9/23/2014" with the remarks that complainant needs further physical therapy, probably another year of intense therapy, because of muscle atrophy in right lower extremity x x x.6
WHEREFORE, premises considered, judgment is hereby rendered dismissing this case for lack of merit.
SO ORDERED.15
WHEREFORE, premises considered, the appeal is DENIED and the Decision dated 17 February 2015 is AFFIRMED with the modification directing respondents-appellees jointly and severally liable to pay financial assistance to complainant-appellant in the amount of USD7,000.00 in Philippine Peso equivalent at the time of payment.
SO ORDERED.19
WHEREFORE, the instant petition is DISMISSED for lack of merit.
SO ORDERED.26
SECTION 20. COMPENSATION AND BENEFITS
A. 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:
x x x x
- x x x 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.
- In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount 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. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month.
x x x x
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. In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties.
x x x resort to a second opinion must be done after the assessment by the company-designated physician precisely to dispute the said assessment. Such assessment from the company-designated physician, to reiterate, must be definite and timely issued. x x x30 (Emphasis and italics in the original)
Corollarily, should the seafarer signify his intent to challenge the company-designated physician's assessment through the assessment made by his own doctor, the employer must respond by setting into motion the process of choosing a third doctor who, as the 2010 POEA-SEC provides, can rule with finality on the disputed medical situation. In such case, no specific period is required by law within which the parties may seek the opinion of a third doctor, and may do so even during the conciliation and mediation stage to abbreviate the proceedings.32
Indeed, the employer and the seafarer are bound by the disability assessment of the third-party physician in the event that they choose to appoint one. Nonetheless, similar to what is required of the company-designated doctor, the appointed third-party physician must likewise arrive at a definite and conclusive assessment of the seafarer's disability or fitness to return to work before his or her opinion can be valid and binding between the parties.34 (Emphasis in the original)
In the case at bench, despite the disability grading that Dr. Bathan issued, petitioner's medical condition remained unresolved. For emphasis, Dr. Bathan's certification is reproduced hereunder:This is to certify that SUNIT, REYNALDO consulted the undersigned on 17 Feb. 2014 at Faculty Medical Arts Building, PGH Compound, Taft Ave., Manila.
x x x x
Patient is Gr. 9 according to POEA Schedule of disability. Patient is not yet fit to work and should undergo rehabilitation. (emphasis supplied)
The language of Dr. Bathan's assessment brooks no argument that no final and definitive assessment was made concerning petitioner's disability. If it were otherwise, Dr. Bathan would not have recommended that he undergo further rehabilitation. Dr. Bathan's assessment of petitioner's degree of disability, therefore, is still inconclusive and indefinite.37
Endnotes:
* Designated as Acting Chief Justice per Special Order No. 2699 dated August 15, 2019.
1Rollo, pp. 8-29.
2 Id. at 31-34. Penned by Associate Justice Normandie B. Pizarro and concurred in by Associate Justices Samuel H.Gaerlan and Ma. Luisa C. Quijano-Padilla.
3 Id. at 50-51.
4 Id. at 75-86. Penned by Commissioner Pablo C. Espiritu, Jr. and concurred in by Presiding Commissioner Grace E. Maniquiz-Tan and Commissioner Alan A. Ventura.
5 Id. at 65-74. Penned by Labor Arbiter Alberto S. Abalayan.
6 Id. at 70-72; citations omitted.
7 Id. at 63.
8 Id.
9 See id. at 65.
10 Id. at 72.
11 Id. at 72-73.
12 Id. at 73.
13 Id.
14 Id. at 72.
15 Id. at 74.
16 Id. at 85-86.
17 Id. at 83-85.
18 Id. at 85.
19 Id. at 85-86.
20 Id. at 34.
21 Id. at 33.
22 Id.
23 Id.
24 Id. at 33-34.
25 Id. at 34.
26 Id.
27 Id. at 18.
28 POEA Memorandum Circular No. 10 (Series of 2010), AMENDED STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING SHIPS, October 26, 2010.
29 See Pastor v. Bibby Shipping Philippines, Inc., G.R. No. 238842, November 19, 2018, pp. 8, 11.
30 Id. at 11; citation omitted.
31 Id.
32 Id. at 11.
33 806 Phil. 505 (2017).
34 Id. at 517.
35Rollo, p. 62.
36 Supra note 33.
37 Id. at 519.
38Rollo, p. 64.