G.R. No. 160444 - Wallem Maritime Services, Inc. vs. Tanawan

On May 12, 1997, petitioner Wallem Maritime Services, Inc., as local agent of Scandic Ship Management, Ltd., engaged Ernesto C. Tanawan as dozer driver on M/V Eastern Falcon for 12 months, at US$355.00 basic salary, US$2.13/hour overtime, and US$35.00 vacation leave pay.
On November 22, 1997, while lifting a steel plate aboard the vessel, the sling slid and the plate struck his left foot; x-rays in Malaysia revealed fractures of the 2nd proximal phalanx and 3rd–5th metatarsals.

Tanawan was repatriated on November 28, 1997; company-designated physician Dr. Robert D. Lim evaluated him on December 1, 1997, applied and removed a cast (December 22), and referred him to physical therapy.
After two months’ therapy, an orthopedic surgeon recommended pinning and bone grafting (March 26, 1998); surgery was done on April 7, and on May 21, 1998 Dr. Lim declared him fit to work.
From November 30, 1997 to April 1998, petitioner paid sickness allowances equivalent to his monthly salary.

On March 31, 1998—while still under Dr. Lim’s care—Dr. Rimando Saguin graded the foot injury as Grade 12 permanent disability under the POEA Schedule.
On August 25, 1998, Tanawan sought evaluation for a right-eye injury allegedly sustained October 5, 1997 (thinner splash); Dr. Hernando D. Bunuan classified it as Grade 7 and referred him to ophthalmologist Dr. Tim Jimenez, who diagnosed retinal detachment with vitreous hemorrhage requiring surgery.
On November 26, 1998, Tanawan filed before the NLRC for disability benefits (foot and eye), sickness allowances, damages, and attorney’s fees; petitioner denied the foot claim (citing Dr. Lim’s fit-to-work finding), the eye claim (no shipboard report), and contended sickness allowances were already paid.

Whether the POEA Standard Employment Contract is the law between the seaman and the manning agent.
Whether a company-designated physician has the legal authority to declare a seaman fit or disabled.
Whether a seaman can claim disability benefits after failing to report his alleged injury within the three-day reglementary period.