DISPOSITIVE:

WHEREFORE, the Resolution dated September 3, 2014 of the Court of Appeals in CA-G.R. SP No. 136807 is SET ASIDE. Respondents Senator Crewing (MANILA), Inc., et al. are ORDERED to pay petitioner Dino S. Palo:

1) US$60,000.00 representing permanent and total disability benefits under the Philippine Overseas Employment Administration-Standard Employment Contract;

2) Sickness allowance, if none had been paid; and 3) Attorney’s fees at ten percent (10%) of the monetary award. All amounts shall earn six percent ( 6%) interest per annum from finality of this Decision until full satisfaction. 63 64 65

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS INVOLVES A CLAIM BY A SEAMAN FOR DISABILITY BENEFITS. HE DID NOT RECEIVE A COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE COMPANY DESIGNATED PHYSICIAN. FOR LACK OF SUCH NOTICE HE WAS DECLARED ENTITLED TO SAID BENEFITS.

WHAT ARE SOME IMPORTANT  REQUIREMENTS TO CLAIM FOR DISABILITY BENEFITS?

AS A RULE, AWARD OF DISABILITY BENEFITS SHALL BE BASED FROM THE COMPANY-DESGINATED PHYSICIAN’S FINAL ASSESSMENT. AND THE COMPANY[1]DESIGNATED PHYSICIAN IS MANDATED TO ISSUE A MEDICAL CERTIFICATE, WHICH SHOULD BE PERSONALLY RECEIVED BY THE SEAFARER.

On that note, We now determine whether or not Palo is entitled to payment of full disability benefits. As a rule, award of disability benefits shall be based from the company-desginated physician’s final assessment. Section 20(B)49 of the POEA-SEC provides that, to constitute a final assessment, a company designated physician’s assessment should declare a seafarer fit to work or the degree of his disability. Further defined, a final, conclusive and definite 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.50 It should no longer require any further action on the part of the company-designated physician and it is issued by the company-designated physician after he or she has exhausted all possible treatment options within the periods mandated by law. 51 Relatedly, this final assessment shall be issued within 120 days from the date of the seafarer’s medical repatriation or within 240 days, if supported with justification for extension of medical treatment. 52 Failure to issue a final assessment within the foregoing periods renders a seafarer’s illness or injury permanent and total regardless of justification. 53

Moreover, this Court cannot emphasize enough that the company[1]designated physician is mandated to issue a medical certificate, which should be personally received by the seafarer, or, if not practicable, sent to him/her by any other means sanctioned by present rules.54 The seafarer must be fully and properly informed of his medical condition.55 The results of his/her medical exmninations, the treatments extended to him/her, the diagnosis and prognosis, if needed, and, of course, his/her disability grading must be fully explained to him/her by no less than the company-designated physician.56 The seafarer must be accorded proper notice and due process especially where his/her well-being is at stake.57 The effect of failure of the company to furnish the seafarer a copy of his medical certificate militates gravely against the company’s cause.58

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