Facts
On September 12, 2012, Carisbrooke Shipping Ltd., through its local manning agent, Crown Shipping Services/Dolphin Ship Management Inc. (petitioners), hired Cervas as an Able Seaman. On December 20, 2012, Cervas was involved in an accident during a Life Boat Drill being conducted in the high seas amidst bad weather and big waves—Cervas injured his left leg. Cervas was then brought to a hospital in Guyaquid. There, Cervas was diagnosed with “Fibular Diaphral Fracture.” His immediate repatriation was recommended.
On January 23, 2013, upon his arrival, Cervas was referred by petitioners to the company-designated physician, Dr. Lagman of St. Jude Hospital, for further evaluation and management. Dr. Lagman treated Cervas as an out-patient. In the Medical Report dated January 28, 2013, Dr. Lagman confirmed that Cervas was suffering from Fibular Fracture and declared the injury to be work-related and that Cervas is unfit to work.
Cervas went to his treatment religiously. Cervas was advised that his condition was for further observation. Cervas was still diagnosed to be unfit to work and was advised to report back on May 20, 2013. However, Cervas did not go back on the said date. Instead, he demanded from the petitioners his disability compensation. Cervas contended that he has been going for medical treatment for more or less four months already. He also lives in Aklan, and his treatment with the company-designated physician was being done in Manila. Thus, treatment was becoming a financial burden to him already. Cervas’ demand was ignored by petitioners; thus, on May 2, 2013, he formally lodged a Complaint against petitioners for total and permanent disability benefits before the NLRC.
The LA dismissed Cervas’ complaint and held that Cervas had no cause of action when he filed the instant case for having discontinued his treatments with the company-designated physician. The NLRC set aside the Decision of the Labor Arbiter, ruling that Cervas is entitled to total permanent disability benefits, which the CA affirmed.
Hence, this petition.
ISSUE: Whether or not the complaint was filed prematurely and thereby preventing Cervas from claiming permanent and total disability benefits.
Ruling
YES, the complaint was filed prematurely since the 120-day period wherein the employer is to give an assessment has not yet expired.
Following jurisprudence, the employer must assess the seafarer’s disability within one hundred twenty (120) days or two hundred forty (240) days, as the case may be; otherwise, the disability shall be deemed total and permanent. The 120/240 days shall be counted from the time of the seafarer’s repatriation.
In this case, Cervas filed his claim on the ninety-ninth (99th) day from the time of his repatriation. Admittedly, Cervas opted to no longer continue his treatment due to financial constraints. Cervas, based on these facts, abandoned his treatment, and petitioners should not be held liable if they were not able to give a definite disability rating.
Medical abandonment by a seafarer carries with it serious consequences. Under Section 20(D) of the POEA-SEC, “[n]o compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.” It is but the seafarer’s duty to comply with the medical treatment as provided by the company-designated physician; otherwise, when a sick or injured seafarer abandons his or her treatment, such may result in the forfeiture of his/her right to claim disability benefits.
Nonetheless, the Court finds that a grant of financial assistance as a measure of social and compassionate justice is proper in view of Cervas’ plight.