FAILURE TO ATTEND MEDICAL APPOINTMENT IS GROUND FOR DENIAL OF BENEFITS

Seafarer injured his left shoulder and thigh against a step at the foot of the stairs after slipping.  He was assessed by a shore doctor with a fracture on his shoulder and was repatriated for further treatment.  Upon return to Manila, the company referred the seafarer to their designated physician who recommended casting of the left shoulder and PT sessions thereafter.
 
In the interim, a grade “11” assessment was issued by the company-designated physician (CDP).  During his treatment, the seafarer consulted his own doctor who assessed him to be unfit to work.  Seafarer no longer attended his PT sessions which prompted the company to write him a letter to remind him of his obligation to report to the CDP.  With the letter unheeded, the company sent another letter to the seafarer advising him of his breach of the POEA Contract and terminated all his benefits.
 
Seafarer filed a claim against the company for disability benefits and the company offered to pay him the equivalent of a grade “11” disability which was rejected. 
 
The voluntary arbitrator ruled against the seafarer and limited the award to grade “11” disability benefits.  This was sustained by the Court of Appeals and later by the Supreme Court.
 
The Supreme Cort ruled that seafarer is guilty of medical abandonment.
 
A seafarer commits medical abandonment when he fails to complete his treatment before the lapse of the 240-day period, which prevents the CDP from declaring him fit to work or assessing his disability. Medical abandonment by a seafarer carries with it serious consequences.   Under Section 20(D) of the POEA-SEC “no compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.”  As such, a sick or injured seafarer who abandons his treatment stands to forfeit his right to claim disability benefits.
 
The Court emphasized that a seafarer is duty-bound to regularly report to the CDP during his medical treatment, and to complete his treatment until declared fit to work or assessed with a permanent disability grading by the CDP.  As such, re-evaluation forms a significant part of a seafarer's medical treatment because this shall determine his actual medical condition. Here, it was clear that the 240-day period wherein the employer is to give an assessment has not yet expired when the seafarer failed to comply with the directive to report for re-evaluation.
 
The Court also brushed aside the reasoning of the seafarer that that he failed to report to the CDP due to financial incapacity.  The Court noted that while that may be a justifiable excuse, the circumstances of the case does not allow him to raise this argument.  It was clear that the company has consistently provided the seafarer with sickness allowance during the treatment period and that his reasonable expenses were to be reimbursed by the company.  
 
While a seafarer has the right to seek a second opinion from other doctors, such right may be availed of on the presumption that the CDP had already issued a definite declaration of his condition, and the seafarer finds it disagreeable. Without the CDP’s certification, seafarer cannot rely on the assessment made by his personal physician.
 
R. T. v. Barko International Inc. and/or Azalea U.T. Corp., and /or F.A., Second Dvision, Associate Justice Antonio Kho, Jr., ponente (Attys. Joseph Rebano and Pamela Coseip of DelRosarioLaw handled for vessel interests)

FIRM NEWS

DelRosarioLaw lawyers among the top 100 lawyers in the Philippines
 
We are proud to announce that four (4) lawyers of DelRosarioLaw were adjudged to be part of the Top 100 Lawyers in the Philippines by the Asia Business Law Journal for 2024.  The list is based on extensive research conducted and nominations received from in-house counsel based in the Philippines and elsewhere, as well as Philippines-focused partners at international law firms.  Included in the list are DelRosarioLaw’s Co-Managing Partners Ruben Del Rosario and Arturo Del Rosario, Jr. as well as Senior Partners Charles Dela Cruz and Joseph Rebano. 
 
Joseph was also the recipient of Asialaw’s 2024 Aviation and Shipping Lawyer of the Year which was held at Kuala Lumpur, Malaysia.  DelRosarioLaw was shortlisted as Aviation and Shipping Firm of the Year.
 
Our congratulations to the awardees! 
 
With the passage of long-awaited Magna Carta of Seafarers, the Firm has been active in speaking engagements with the various stakeholders these past weeks discussing the intricacies and salient provisions of this landmark legislation. 
 
Notably, the Firms Partners, Charles Dela Cruz, Herbert Tria and Denise Cabanos in collaboration with Gard participated in a very successful 3-day People Claims seminar with the Club’s Members held at Gard Greece office in Piraeus from 15 to 17 October 2024.

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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.