G.R. No. 236804 - Sea Power Shipping Enterprises, Inc. vs. Comendador

Comendador was employed as an Ordinary Seaman on December 14, 2012 for Ocean Wave through its resident agent, Sea Power Shipping Enterprises, Inc.
On March 17, 2013, while on duty repairing the hatch cover of the vessel "M.V. Makaria," a metal cable wire suddenly snapped and coiled around his body, rendering him unconscious and nearly suffocating him.
The accident resulted in severe pain on his waist, and despite initial medication, the recurring pain impeded his ability to resume work immediately.

Comendador’s request for immediate medical attention was deferred as "M.V. Makaria" was in transit, causing an approximately one-week delay before he could be examined at the next available port.
Due to prolonged exposure to the compromised conditions onboard, his waist became swollen, and abscesses developed as the injury worsened during his extended stay on board.
On September 16, 2013, he was finally repatriated and immediately reported to Sea Power’s office.

Sea Power, through its President, referred Comendador to Dr. Jose Emmanuel F. Gonzales of the De Los Santos Medical Center.
On September 18, 2013, Dr. Gonzales found a “huge hematoma formation” over his inguinal area and advised hospital confinement for observation and possible drainage.
Comendador underwent surgery for incision and drainage on September 24, 2013 at the Perpetual Help Hospital and was later discharged.
A subsequent medical progress report dated September 25, 2013 confirmed that an incision and drainage had been performed and described the procedure as uneventful.

Comendador experienced continued difficulty in ambulation due to pain and was referred by Dr. Maria Corazon Hidalgo-Cabuquit for therapy starting in October 2013.
On November 6, 2013, Dr. Gonzales issued a final medical report noting a dry and healed wound. He declared Comendador “Fit to Resume Sea Duties” and, in a Certificate of Fitness for Work (executed the same day by Comendador), released petitioners from liability.
Despite this declaration, Comendador continued to experience pain and underwent further therapy until early February 2014.
On February 14, 2014, an MRI scan performed by Dr. Raymond Piedad revealed subcutaneous and intramuscular abscess formations with fistulous tracts, as well as intraosseous and paravertebral abscesses involving the left iliopsoas muscle.

On February 24, 2014, Comendador filed a Complaint before the Labor Arbiter for disability and medical benefits against petitioners.
On June 10, 2015, the Labor Arbiter rendered a Decision dismissing the complaint for lack of merit, although he awarded a minimal sickness allowance of US$366.66.
The National Labor Relations Commission (NLRC) subsequently reversed the Labor Arbiter’s decision on August 26, 2015 by declaring Comendador totally and permanently disabled, awarding him US$60,000.00 in benefits along with sick wage allowance and attorney’s fees.
Petitioners sought reconsideration in September 2015 and later filed a Petition for Review on Certiorari with the Court of Appeals, challenging the NLRC’s decision and arguing that the Certificate of Fitness should bar recovery.
The Court of Appeals, in its Decision dated February 20, 2017, upheld the NLRC ruling and eventually, on January 10, 2018, denied petitioners’ Motion for Reconsideration.

Petitioners maintained that Comendador had no cause of action at the time he filed his claim because the company-designated physician declared him fit to work and Comendador had acknowledged this by signing the Certificate of Fitness for Work.
They argued that the medical examination by Dr. Gonzales was a single, fleeting consultation which did not amount to a comprehensive evaluation, and that Comendador’s failure to resort to a neutral third doctor, where mandated, should render the findings final and conclusive.
In response, Comendador contended that the assessment was premature as it did not fully account for the internal complications revealed later by the MRI, and that he was entitled to benefits given the ongoing nature of his treatment and persistent symptoms.

Whether the Court of Appeals erred in holding petitioners liable for permanent total disability benefits and other monetary awards given that the company-designated physician’s finding declared Comendador fit to resume sea duties.

Whether the premature and incomplete assessment issued by the company-designated physician, which failed to thoroughly examine internal conditions despite evident contrary symptoms and MRI findings, can be considered valid and final.

Whether the mandatory conflict-resolution procedure—calling for referral to a third doctor in case of disagreements in disability assessments—was applicable or necessary under the circumstances, given that the company-designated evaluation may have been invalid.