Case Digest (G.R. No. 160444)
Facts:
Wallem Maritime Services, Inc. v. Ernesto C. Tanawan, G.R. No. 160444, August 29, 2012, Supreme Court First Division, Bersamin, J., writing for the Court. Petitioner Wallem Maritime Services, Inc. (then acting as local agent of Scandic Ship Management, Ltd.) employed respondent Ernesto C. Tanawan on May 12, 1997 as a dozer driver aboard M/V Eastern Falcon under a 12‑month POEA Standard Employment Contract (POEA SEC).On November 22, 1997 Tanawan injured his left foot aboard the vessel when a steel plate fell on it; he was treated in Malaysia and repatriated to the Philippines on November 28, 1997. He submitted to the company‑designated physician, Dr. Robert D. Lim, on December 1, 1997 and was treated for the foot injury (casting, physical therapy, and later bone grafting on April 7, 1998). Dr. Lim declared him fit to work on May 21, 1998. Tanawan received sickness allowance from November 30, 1997 until April 1998. On March 31, 1998 Tanawan obtained a disability grading (Grade 12) for the foot from his private physician Dr. Rimando Saguin.
Separately, Tanawan claimed an eye injury allegedly caused on October 5, 1997 when paint thinner splashed into his right eye; he sought an ophthalmologic evaluation only on August 25, 1998, and Dr. Hernando D. Bunuan (and a referring ophthalmologist) diagnosed retinal detachment with vitreous hemorrhage and graded the disability as Grade 7.
Tanawan filed a complaint with the Arbitration Branch of the NLRC on November 26, 1998 for disability benefits (foot and eye), sickness allowance, damages and attorneys’ fees against petitioner and its foreign principal. The Labor Arbiter rendered judgment on January 21, 2000 awarding disability benefits for both foot (US$5,225.00) and eye (US$20,900.00) injuries and attorneys’ fees; the Arbiter gave credence to Dr. Saguin’s and Dr. Bunuan’s certifications and discounted Dr. Lim’s fit‑to‑work certification as hearsay.
The NLRC, however, reversed the Labor Arbiter on June 13, 2001 and dismissed the complaint. Tana...(Pro-only)
Issues:
- Is the POEA Standard Employment Contract (POEA SEC) the law between the seaman and the manning agent?
- Does the company‑designated physician have the exclusive legal authority to declare a seaman fit or disabled?
- Can a seaman claim disability benefits for an injury if he failed to report that injury to the company‑designated physician within the...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)