Case Digest (G.R. No. 180343)
Facts:
The case involves Crisante C. Constantino as the respondent and Bahia Shipping Services, Inc. and Fred Olsen Cruise Lines Limited as the petitioners. On February 27, 2002, Constantino entered into a nine-month employment contract as a utility worker aboard the vessel M/S Braemar, with a basic monthly salary of US$261.00. This contract was verified and approved by the Philippine Overseas Employment Administration (POEA). Constantino boarded the vessel on March 26, 2002. In April 2002, while working, he experienced low back pain after lifting heavy luggage. The ship's doctor treated him with medication and advised rest. Upon arrival in Barbados, he was examined by orthopedic surgeon Dr. Jerry A.W. Thorne, who diagnosed him with an acute exacerbation of a pre-existing lumbar disc syndrome and declared him unfit for work for ten days. Constantino was repatriated on April 25, 2002, and subsequently treated by Dr. Robert D. Lim, the petitioners' physician, who later declare...
Case Digest (G.R. No. 180343)
Facts:
Employment Contract and Onboard Incident
- On February 27, 2002, Crisante C. Constantino (respondent) entered into a nine-month employment contract with Bahia Shipping Services, Inc. and Fred Olsen Cruise Lines Limited (petitioners) as a utility worker on the vessel M/S Braemar. The contract was approved by the Philippine Overseas Employment Administration (POEA).
- On March 26, 2002, Constantino boarded the vessel. In April 2002, he complained of low back pain radiating to his right thigh after lifting heavy luggage. He was treated by the ship doctor and later referred to a shore-based orthopedic surgeon, Dr. Jerry A.W. Thorne, in Barbados. An MRI revealed mild to moderate desiccation of his lumbar intervertebral discs. Dr. Thorne diagnosed him with an acute exacerbation of a pre-existing lumbar disc syndrome and declared him unfit to work for 10 days.
Repatriation and Medical Treatment
- On April 25, 2002, Constantino was repatriated and referred to the petitioners' physician, Dr. Robert D. Lim, who placed him under the care of an orthopedic surgeon. Constantino underwent an excision biopsy and received treatment, rehabilitation, and therapy from May to October 2002.
- On October 2, 2002, Dr. Lim declared Constantino fit to work, and Constantino signed a Certificate of Fitness for Work.
Disability Claim and Legal Proceedings
- Despite being declared fit to work, Constantino consulted his own physician, Dr. Marciano Almeda, on May 31, 2003. Dr. Almeda assessed Constantino with a Grade 11 permanent partial disability under the POEA Standard Employment Contract (POEA-SEC) and declared him unfit for sea duties.
- Constantino filed a complaint on June 12, 2003, seeking disability benefits, illness allowance, reimbursement of medical expenses, damages, and attorney’s fees. He argued that his back pain persisted and that the fit-to-work declaration was invalid.
- The petitioners defended their position, stating that Constantino had received extensive medical treatment and that his signing of the Certificate of Fitness for Work estopped him from claiming disability benefits.
Labor Arbiter and NLRC Rulings
- On October 14, 2003, Labor Arbiter Veneranda C. Guerrero dismissed Constantino’s complaint, ruling that the fit-to-work declaration by Dr. Lim was valid. However, she awarded Constantino sickness allowance for 120 days and attorney’s fees.
- Both parties appealed. The National Labor Relations Commission (NLRC) upheld the dismissal of the complaint and set aside the sickness allowance award, citing proof of payment by the petitioners.
Court of Appeals Decision
- The Court of Appeals (CA) partially granted Constantino’s petition, ruling that Dr. Lim’s fit-to-work declaration was not credible. The CA found Dr. Almeda’s assessment more reliable and awarded Constantino permanent partial disability compensation. However, it denied his claims for sickness allowance and damages but upheld the award of attorney’s fees.
Issue:
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Ruling:
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Ratio:
Primacy of the Company-Designated Physician’s Assessment
- Under Section 20(B)(3) of the POEA-SEC, the company-designated physician’s assessment of a seafarer’s fitness to work or disability is binding unless proven to be biased or incorrect. Constantino failed to provide evidence of bad faith or bias on the part of Dr. Lim.
Burden of Proof on the Seafarer
- When a seafarer seeks to challenge the company-designated physician’s assessment, they must actively request a third doctor’s opinion to resolve any disagreement. Constantino failed to initiate this process, and thus, Dr. Lim’s assessment stands.
No Permanent Disability Due to Inability to Work for 120 Days
- The Court rejected the CA’s conclusion that Constantino’s inability to work for more than 120 days automatically rendered him permanently disabled. The POEA-SEC requires a formal assessment by the company-designated physician, which was provided in this case.
No Basis for Attorney’s Fees
- Attorney’s fees are not warranted when the employer’s refusal to grant a claim is based on valid grounds, such as compliance with the POEA-SEC and sound medical advice.