Title
Career Philippines Shipmanagement, Inc. vs. Garcia
Case
G.R. No. 230352
Decision Date
Nov 29, 2022
The Supreme Court denies a seafarer's total permanent disability claim for not obtaining a third doctor's opinion as required, highlighting the necessity of adhering to the company-designated physician's assessment.
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Case Digest (G.R. No. 230352)

Facts:

  • Petitioners: Career Philippines Shipmanagement Inc., Columbia Shipmanagement, and Verlou R. Carmelino.
  • Respondent: Ardel S. Garcia.
  • Garcia filed a complaint for total and permanent disability benefits on June 19, 2013, registered as NLRC NCR Case No. OFW (M)-06-08883-13.
  • Employed as a bosun on the vessel Cape Bastia with a basic salary of USD 690.00 since February 19, 2011.
  • Responsibilities included overseeing deck operations, operating tools, managing inventory, and ensuring seaworthiness.
  • On November 19, 2011, while in Lexum, Portugal, Garcia was thrown overboard due to rough seas, sustaining a pneumothorax.
  • Treated in a Portuguese hospital and repatriated on December 2, 2011.
  • Underwent treatment by company-designated physician Dr. Nicomedes Cruz until April 2, 2012.
  • Declared fit to work on April 16, 2012, but continued to experience chest pains.
  • Sought a second opinion from personal physician Dr. May S. Donato-Tan, who concluded he was permanently disabled.
  • Petitioners contested the claim, asserting Garcia was fit to work.
  • Labor Arbiter dismissed the complaint; NLRC reversed this decision, awarding benefits to Garcia.
  • Court of Appeals affirmed NLRC's ruling but absolved Carmelino of personal liability.
  • Petitioners sought review from the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court granted the petition, reversing the Court of Appeals' decision and reinstating the Labor Arbiter's ruling that ...(Unlock)

Ratio:

  • The Supreme Court highlighted the importance of the company-designated physician's assessment under the Philippine Overseas Employment Administration (POEA) Standard Employment Contract in determining a seafarer's disability.
  • If a seafarer disagrees with the company-designated physician's assessment, they may seek a second opinion from their own physician.
  • In cases of conflicting assessments, a third doctor must be consulted, whose decision is final and binding.
  • The company-...continue reading

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