Title
Supreme Court
Bitco vs. Crossworld Marine Services, Inc.
Case
G.R. No. 239190
Decision Date
Feb 10, 2021
Seafarer Raul Bitco, diagnosed with spinal issues, sought disability benefits after company-designated physician failed to provide a final assessment within 240 days. Supreme Court ruled his disability total and permanent by law, awarding benefits and attorney’s fees.

Case Summary (A.C. No. 5033)

Factual Background

Bitco was employed under a contract specifying an eight-month duration, with provision for extension, at a monthly salary of US$406.39. After being medically cleared for duty, he reported to the vessel "M/V Eurocargo Bari." In February 2015, Bitco experienced severe lower back pain while lifting supplies in Italy. After enduring recurring pain, he sought medical treatment in Valencia, Spain, where he was diagnosed with Post Effort Acute Lumbosciatica and advised to rest. Following repatriation to the Philippines and additional medical interventions without substantial improvements, Bitco was assessed with partial disability by the company-designated physician.

Disability Assessment and Claims

In January 2016, Bitco consulted an orthopedic specialist, Dr. Renato P. Runas, who declared him totally and permanently incapacitated, unfit for duty as a seafarer. The conflicting assessments led to Bitco filing a complaint for total and permanent disability benefits after the parties failed to reach an agreement on compensation.

Respondents' Position

Respondents argued against Bitco's claim based on the absence of a second medical opinion and a third doctor's referral as indicated in Section 20 of the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC). They contended that the assessment by the company-designated physician (Grade 8 disability) should be deemed controlling.

Labor Arbiter Ruling

The Labor Arbiter sided with Bitco, acknowledging his condition as total and permanent disability due to inability to return to work after the prescribed periods under the POEA-SEC. The Labor Arbiter determined that the company's disability grading was questionable and awarded Bitco USD 60,000.00 for disability benefits, along with attorney's fees.

National Labor Relations Commission Decision

The National Labor Relations Commission upheld the Labor Arbiter’s ruling, confirming that the referral to a third physician was not mandatory and emphasizing that the lack of a definitive assessment within the stipulated time frames led to Bitco's classification as totally and permanently disabled under the law.

Court of Appeals Decision

However, the Court of Appeals later reversed the findings of the NLRC, declaring that the referral to a third doctor was necessary and that the company-designated physician’s assessment prevailed due to the lack of compliance with this requirement. This decision prompted Bitco to seek a review from the Supreme Court.

Supreme Court's Analysis

The primary issue before the Supreme Court was whether Bitco was entitled to total and permanent disability benefits. The Court underscored that it generally does not reevaluate factual findings unless substantial evidence is lacking. It recognized that disability benefits for seafarers are dictated by applicable laws, the employment contract, and medical assessments from designated physicians.

Legal Framework and Interpretations

The Court noted that under the POEA-SEC, the company-designated physician is mandated to issue a definitive disability assessment within 120

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