G.R. No. 245917 - Antolino vs. Hanseatic Shipping Philippines, Inc.

Josue A. Antolino was hired by Hanseatic Shipping Phils. Inc. on behalf of its foreign principal, Leonhard & Blumemberg Reederei GmbH & Co. KG, to work as a bosun aboard the M/V Hansa Fresenburg.
His contract was for a 10‑month period with a monthly salary of US$810.00.

On June 5, 2015, at 8:30 a.m., while preparing the gangway net at the ship’s starboard side, Antolino stepped on container stacking shoes, lost his balance, and fell using his left hand to cushion the impact, injuring his elbow.
After the accident, upon arrival in Singapore, he sought medical treatment and underwent a radiological examination. The exam revealed:

No fractures or dislocations in the radius, ulna, or wrist structures.
A calcific fleck near the medial epicondyle suggestive of an avulsed fragment or foreign body, along with soft tissue swelling at the left elbow.

Upon returning to the Philippines, Antolino immediately reported to Hanseatic, which referred him to its designated medical provider.
He underwent a series of tests, consultations, and physiotherapy at Medical Center Manila before continuing treatment in his home province, Antique.
During his treatment, he received a sickness allowance totaling US$3,176.42 covering the period from June 14, 2015, to October 11, 2015.

Antolino was scheduled for a follow‑up medical examination in Manila on November 4, 2015.
Facing financial difficulties, he requested Hanseatic to shoulder his airfare and provide a travel allowance; the company, however, only offered reimbursement upon his arrival.
Due to his financial situation and the reimbursement arrangement, he initially failed to attend the scheduled check‑up.

Eventually, Antolino managed to secure funds and reported to Hanseatic’s designated clinic on January 22, 2016.
At the clinic, after presenting his physical therapist’s report from Antique, he was asked by the company‑designated physician, Dr. Fidel C. Chua, to sign a fit-to-work document.
Antolino refused to sign, sought a second opinion from Dr. Manuel Fidel M. Magtira, and was declared unfit for sea duty.
He communicated Dr. Magtira’s findings to Hanseatic and requested a referral to a third medical expert; however, this request went unheeded.
Consequently, he filed a complaint for disability benefits before the Labor Arbiter (LA).

The Labor Arbiter initially ruled in Antolino’s favor on August 8, 2016, awarding total and permanent disability benefits of US$60,000.00 plus ten percent (10%) attorney’s fees, justifying his failure to appear at the scheduled check‑up on the basis of financial incapacity.
The National Labor Relations Commission (NLRC) reversed the LA’s decision, holding that Antolino abandoned his treatment by failing to appear on November 4, 2015, and found his financial incapacity allegation unsubstantiated given the regular payment of his sickness allowance.
The Court of Appeals (CA), in its October 31, 2018 decision and subsequent March 7, 2019 resolution, affirmed the NLRC’s ruling by upholding the denial of the disability benefits claim, noting that the delayed appearance and failure to comply with medical reporting protocols negated his entitlement.

Whether Antolino’s failure to attend the scheduled November 4, 2015, medical examination constitutes medical abandonment of treatment.

Whether his allegation of financial incapacity—despite regular receipt of sickness allowance—is a sufficient justification for his absence.
Whether the employer’s alleged failure to properly communicate the medical findings or refer him to a third doctor affects the due process of treatment under the POEA‑SEC.

Whether his medical condition, as assessed by the available medical evidence and expert opinions, rises to the threshold of “total paralysis” or total disability.
Whether the failure to report at prescribed intervals, as mandated by the POEA‑SEC, automatically results in the forfeiture of his entitlement to benefits.