G.R. No. 232275 - Solpia Marine and Ship Management, Inc. vs. Postrano

Michael V. Postrano was engaged by Solpia Marine and Ship Management, Inc. as an able seaman aboard MV Daebo IBT.
The employment was for the benefit of Daebo Ship Management Co., Ltd. under a 10-month contract duly signed by the parties.
The contract received the necessary approval from the Philippine Overseas Employment Administration (POEA) on March 13, 2012.

Postrano’s responsibilities included strenuous manual tasks such as supervising junior ratings and operating various ship functions.
His duties involved critical activities like standing watch at the bow or wing of the bridge, measuring water depth in unfamiliar waters, steering the vessel (whether by automatic, remote, or manual control), and handling cargo gear operations.

On December 9, 2012, Postrano sustained a fracture on his right hand and an open wound on his left hand after being pinned while arranging a ladder.
He immediately received medical attention in Indonesia followed by further treatment in Korea.
Posttreatment, he was repatriated to the Philippines on January 1, 2013.

Upon repatriation, Postrano was referred to the YGEIA Medical Center, Inc. for an x-ray, which revealed an incomplete fracture on the middle third shaft of the right ulna.
The company-designated physician prescribed medication for pain management and later advised physical therapy.
On February 5, 2013, Postrano was advised to undergo physical therapy, and with permission, he continued the treatment in Compostela Valley (his residence) subject to a condition to report back for a follow-up consultation.

After completing 10 sessions of physical therapy at Tagum Doctors Hospital, Inc. (by March 14, 2013), Postrano complied with the order to report for a follow-up examination.
During this consultation, the company-designated physician recommended additional physical therapy sessions and a subsequent follow-up visit.
Postrano, however, did not return for the follow-up after another series of sessions, opting instead to continue therapy independently.
He made several attempts via letters (June 4, 2013, and July 18, 2013) to secure the release of his remaining sickness allowance, which were not acted upon by the involved company personnel.
Subsequently, he submitted certification from Tagum Doctors Hospital, demanding reimbursement for medical and transportation expenses.

Concerned about his condition, Postrano consulted an independent physician who pronounced that he suffered a Grade 9 disability.
Relying on this opinion, Postrano filed a complaint for permanent total disability benefits against Solpia, Carlito C. Mendoza (an agent), and/or Daebo Ship Management Co., Ltd.
His argument emphasized that the 120-day period necessary for a conclusive assessment had elapsed without the company-designated physician providing a definitive disability rating, attributing his noncompliance to financial constraints.

The Labor Arbiter (LA) dismissed Postrano’s complaint for permanent total disability benefits on April 30, 2015, ruling that his premature consultation with an independent physician was a contravention of the POEA Standard Employment Contract requirements and that his medical sessions with the company-designated physician were not yet complete.
The LA nonetheless ordered payment of sickness allowance of US$1,635.00 and reimbursement of medical and transportation expenses amounting to P33,998.96.
The National Labor Relations Commission (NLRC) affirmed the LA’s decision in its Resolution dated August 27, 2015, holding that Postrano violated his obligation to report to the company-designated physician after his physical therapy sessions.
Postrano’s motion for reconsideration was denied on October 29, 2015.
On November 14, 2016, the Court of Appeals reversed the NLRC ruling, finding that the failure of the company-designated physician to render a definitive assessment was sufficient to declare Postrano as suffering from permanent and total disability.
The CA ordered Solpia, Mendoza, and Daebo Ship Management Co., Ltd. to pay US$60,000.00 as full disability benefits in addition to the previously ordered sickness allowance and expenses.
A subsequent motion for reconsideration by the respondents was again denied in a Resolution dated June 15, 2017.

Whether Michael V. Postrano is entitled to claim permanent and total disability benefits following his failure to comply with the requirement to report for a conclusive assessment by the company-designated physician.
Whether the noncompliance with the mandatory post-treatment follow-up, as dictated by the POEA Standard Employment Contract and related regulations, constitutes an abandonment of the prescribed treatment, thereby forfeiting the right to permanent disability benefits.
Whether the absence of a final definitive assessment by the company-designated physician should automatically equate to a declaration of permanent total disability.