Philippine Shipping Update – Manning Industry

BY:  RUBEN DEL ROSARIO, PRESIDENT, DEL ROSARIO PANDIPHIL INC., 1 December 2023 (Issue 2023/04)


SUPREME COURT RULES AS DEFINITIVE A FINAL ASSESSMENT WHICH STATES EITHER THE FITNESS OR EXACT DISABILITY RATING

 

Seafarer was hired as a waiter on-board a passenger ship during which he suffered a shoulder injury. He underwent treatment under the company-designated physician (CDP) for "Rotator Cuff Tear, right" and underwent arthoscopic rotator cuff repair. After having completed the surgery and physical therapy sessions, the CDP issued to him a grade 9 disability assessment (Ankylosis of one shoulder, the shoulder blade remaining mobile).
 
Subsequently, the seafarer consulted his own doctor who diagnosed him to be partially and permanently disabled and unfit to work as a seafarer. The seafarer filed a claim before the NLRC and the Labor Arbiter awarded full disability benefits under the CBA (US$85,000) as the final assessment issued by the CDP was made after 146 days of treatment and there was no justification to extend the same beyond 120 days. 
 
On appeal, the NLRC reversed the Decision of the Labor Arbiter and limited the award to US$13,060 disability benefits based on the grade 9 assessment of the CDP.  The NLRC was affirmed by the Court of Appeals. Upon reaching the Supreme Court, the award of US$13,060 was sustained.
 
Sufficient justification to extend the treatment beyond 120 days
 
In a long line of jurisprudence, the Court has consistently recognized that the seafarer's undergoing treatment and evaluation by the CDP constitutes a sufficient justification to extend the 120-day period.   As such, the mere lapse of the 120-day period does not automatically render the disability of the seafarer permanent and total. The period may be extended to 240 days should the circumstances justify the same.
 
In this case the CDP issued the final assessment only after 146 days of treatment. However, it was clear that during the interim that seafarer was under continuous physical therapy. Indeed, seafarer was required to undergo, and in fact underwent further physical therapy sessions and follow up consultations.  His continuing treatment constitutes sufficient justification for the issuance of a final assessment beyond 120 days.
 
CDP issued final and valid final medical assessment
 
The assessment issued by the CDP was final and definitive.  A final assessment is one which states either the fitness of the seafarer to work or the seafarer's exact disability rating, and which should no longer require any further action on the part of the CDP.  
 
In this case, the medical assessment issued by the CDP is considered final, definitive and binding because apart from declaring the seafarer to be suffering from "Shoulder and Arm, ankylosis of one (1) shoulder, the shoulder blade remaining mobile, the physician categorically indicated that he was suffering from a grade 9 disability in accordance with Section 32 of the POEA Standard Contract. Furthermore, the Medical Report of the CDP stated that seafarer has completed the prescribed sets of physical therapy; his repeat MRI of the right shoulder showed no re-tear of the rotator cuff and biceps tendon; the surgical wound had healed well; and that "no further intervention" is required.

F.A. v. RCCL Crew Management, Inc. Royal Caribbean Cruise, Ltd. et al, G.R. No. 251663, Second Division. Attys. Aldrich del Rosario and Herbert Tria of DelRosarioLaw handled for vessel interests.

 

DEL ROSARIO VISITS SINGAPORE AND JAPAN

Del Rosario Treads Waters Less Travelled

DelRosario’s Charles Dela Cruz, David Valencia and Jay Arthur Del Rosario visited P&I Clubs in Singapore. Thank you to UK Club, Swedish Club, Shipowners Club, Tokio Marine, NorthStandard, Gard, West of England, Skuld, Britannia, Steamship and Japan P&I for having us.
 
DelRosario’s Joseph Rebano, Catherine Mangahas and Veronica Del Rosario visited Clubs and Members in Japan. Thank you to Mitsui Sumitomo, Steamship, Tokio Marine, Skuld, Britannia, Gard, NorthStandard, UK P&I and Japan P&I with their Members, Misuga Kaiun, Reitaku Kaiun and Doun Kisen for having us.

 

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Areas of Specialization:  Labour & personal injury, litigation and dispute resolution, corporate and commercial, shipping and admiralty, intellectual property, cargo claims and charter party, transport, insurance and reinsurance, arbitration and ADR, immigration
 
 “‘Outstanding’ shipping boutique Del Rosario & Del Rosario is regularly sought out by the international group of P&I clubs as well as insurance companies and cruise lines. The firm has expertise in all aspects of shipping matters including labour, personal injury, vessel arrest, collisions, salvage, oil pollution, damage of cargoes, bunker claims, protection and indemnity, and ship finance. Its notable IP group has also been engaged by global giants such as Facebook, Instagram, LinkedIn and Sony”. 2021 AsiaLaw Profile
 
“Specialising in maritime law, Del Rosario & Del Rosario is best known for acting for multinational clients in disputes relating to oil pollution, damaged cargo, salvage and vessel arrest. The group also has an extensive labour practice which is active in a full range of disputes involving Filipino seafarers. Del Rosario advise a variety of noteworthy clients, including shipping companies, insurers and P&I clubs.” 2021 Legal 500 Asia Pacific.

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This publication aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation.  It is meant to be brief and is not intended to be legal advice.  To subscribe or for further information, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

 
 
 

 

 

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