Case Digest (G.R. No. 226656)
Facts:
- In the consolidated cases of G.R. Nos. 226656 and 226713, Arnel T. Gere, a Filipino seafarer, filed a petition against his employer, Anglo-Eastern Crew Management Phils., Inc., and its principal, Anglo-Eastern Crew Management (Asia), Ltd.
- Gere was employed as an able seaman on the vessel "MV JENNY N" under a contract that included a Collective Bargaining Agreement (CBA) between the Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP) and the respondents.
- On January 4, 2014, Gere suffered an accident while performing his duties, leading to a "Closed Complete Fracture, Right Radius, Undisplaced."
- He was repatriated to the Philippines for medical treatment and underwent various medical procedures until August 27, 2014.
- The company-designated physician issued an interim disability grading of "Grade 10 loss of grasping power" on April 28, 2014, and a final disability grading of "Grade 10 ankylosed wrist in normal position" on August 12, 2014.
- Gere claimed he was not informed of these assessments and consulted his personal physician, who declared him permanently unfit for sea duties with a "Grade 8 impediment."
- The Panel of Voluntary Arbitrators awarded Gere total and permanent disability benefits, which the Court of Appeals (CA) later modified, reducing the amount to US$60,000.
- Both parties sought further review by the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the company-designated physician did not issue a final medical assessment within the prescribed period.
- The Court found that the referral to a neutral third-party physician is mandatory, but this process could not commence as Gere was not properly informed of the company-designated physician's assessment. ...(Unlock)
Ratio:
- The Supreme Court emphasized the importance of due process in informing the seafarer of his medical assessment.
- The company-designated physician must not only issue but also give the medical assessment to the seafarer, ensuring the seafarer is fully informed.
- The failure to properly notify Gere meant that the ...continue reading
Case Digest (G.R. No. 226656)
Facts:
In the consolidated cases of G.R. Nos. 226656 and 226713, Arnel T. Gere, a Filipino seafarer, filed a petition against his employer, Anglo-Eastern Crew Management Phils., Inc., and its principal, Anglo-Eastern Crew Management (Asia), Ltd. Gere was employed as an able seaman on the vessel "MV JENNY N" under a contract that included a Collective Bargaining Agreement (CBA) between the Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP) and the respondents. On January 4, 2014, Gere suffered an accident while performing his duties, leading to a "Closed Complete Fracture, Right Radius, Undisplaced." He was repatriated to the Philippines for medical treatment and underwent various medical procedures until August 27, 2014. The company-designated physician issued an interim disability grading of "Grade 10 loss of grasping power" on April 28, 2014, and a final disability grading of "Grade 10 ankylosed wrist in normal position" on August 12, 2014. Gere claimed he was not informed of these assessments and consulted his personal physician, who declared him permanently unfit for sea duties with a "Grade 8 impediment." The Panel of Voluntary Arbitrators awarded Gere total and permanent disability benefits, which the Court of Appeals (CA) later modified, reducing the amount to US$60,000. Bot...