G.R. No. 238652 - Esplago vs. Naess Shipping Philippines, Inc.

Petitioner: Juan S. Esplago, hired as motorman by Naess Shipping Philippines, Inc. and/or Kuwait Oil Tanker Company (and/or Lamberto J. Torres) for the vessel “Arabiyah,” with a basic monthly salary of US$666; he passed pre-employment medical examination and was declared fit to work.
Deployment and incident: Boarded on July 25, 2011 for an 8‑month contract. On October 11, 2011, while in the engine boiler room en route to Indonesia, excessive smoke hurt his eyes. Initially disregarded, his left-eye vision blurred and later could not see. Ship doctor diagnosed “left eye cataract” and recommended repatriation and immediate surgery.

Initial post-repatriation care: On October 17, 2011, Seamen’s Hospital found “Senile, Mature, Cataract, Left Eye; Senile, Mature, Cataract, Right Eye.” The company referred him to Metropolitan Medical Center; company-designated physician Dr. Robert D. Lim and team described “Cataract Senile Mature, Left Eye; Cataract Senile Mature, Right Eye,” recommended phacoemulsification with intraocular lens (IOL) for both eyes, and prescribed ointments and vitamins.
Petitioner’s account: No immediate surgical approval; months of conservative treatment; left eye allegedly operated only on June 1, 2012; respondents allegedly refused medication/surgery for right eye leading to deterioration; on July 13, 2012, private ophthalmologist Dr. Gina Abesamis Tan-Perez examined him and opined he was permanently and totally unfit as a seafarer.
Respondents’ account: Left-eye surgery performed January 6, 2012; continuous treatment and follow-ups; expected recuperation within 6–8 weeks; petitioner was fitted with prescription glasses; on May 7, 2012 the company-designated physician issued a “fit to resume sea duties” assessment within the allowable 240-day period; cataract was senile/age-related and not work-related.

Petitioner’s claims: Total and permanent disability benefits; sickness wages; attorney’s fees; argues failure of the company doctor to issue a definite assessment within 120 days makes his disability permanent and total by operation of law; claims right eye remained untreated.
Respondents’ defenses: Condition not work-related (degenerative); definite fit-to-work issued within a justified extended 240-day period; petitioner failed to activate the 2010 POEA-SEC third-doctor mechanism; hence company physician’s assessment controls.

Labor Arbiter (February 8, 2013): Awarded permanent and total disability benefits of US$60,000; sickness wages of US$2,664; attorney’s fees of US$6,266.40; other claims denied.
NLRC (July 15, 2013): Affirmed; motion for reconsideration denied (August 30, 2013).
CA (CA-G.R. SP No. 132639): Mediation aborted; Decision dated September 11, 2017 granted petition, annulled NLRC’s rulings, and dismissed petitioner’s complaint for lack of merit due to non-compliance with POEA-SEC third-doctor requirement; denied reconsideration (March 8, 2018).
Supreme Court: Rule 45 petition filed assailing the CA.

Whether the CA erred in reversing the NLRC and in dismissing Esplago’s claim for total and permanent disability for failure to comply with the 2010 POEA-SEC’s third-doctor referral requirement when his private physician’s assessment conflicted with the company-designated physician’s fit-to-work assessment.

Corollary: Whether the May 7, 2012 fit-to-work assessment was timely, definite, and valid under the 120/240-day framework, considering the claim that no definite assessment was made within 120 days.
Corollary: Whether petitioner is entitled to sickness allowance and attorney’s fees.

Whether, on the facts, petitioner’s eye condition warrants a legal finding of permanent and total disability notwithstanding the disability grading schedule in Section 32 of the POEA-SEC.