Dear Atty. Gab

Musta Atty?

Atty. Gab, I hope this email finds you well. I’m writing to you because I’m really confused and worried about my situation after working as a seafarer for several years. Last year, while I was on board, I suffered a back injury when lifting heavy equipment during a storm. It was a tough time, and I was eventually repatriated.

Upon arriving back home, the manning agency sent me to their designated doctor, who provided treatment for several months. After about six months, even though I still felt pain and significant discomfort, the company doctor issued a certification saying I was already ‘fit to work’. They said based on their evaluation, I could return to my duties.

However, Atty., I honestly cannot perform my job as a deckhand with my back still in this condition. Simple tasks like bending or lifting are very painful. I consulted my own doctor, a specialist I trust, and he told me that my injury resulted in a permanent partial disability and recommended specific limitations on my work activities. His assessment is very different from the company doctor’s.

Now the company is telling me that since their doctor declared me fit, I have no further claims for disability benefits. Is the company doctor’s word final? What happens if I truly cannot work after being declared fit? Do I have any rights to claim disability benefits even if the company doctor cleared me?

Any guidance you can provide would be greatly appreciated. Thank you for your time and expertise.

Musta Atty!

Sincerely,
Mario Rivera

Dear Mario Rivera,

Thank you for reaching out and sharing your situation. It is understandable that you are confused and concerned when facing differing medical opinions about your ability to work after an injury sustained during your employment. Your case highlights a common issue regarding the assessment of a seafarer’s fitness or disability after repatriation.

Let me assure you that while the company-designated physician plays a crucial role in the initial medical evaluation, their assessment is not necessarily the final or sole determinant of your entitlement to disability benefits. Philippine law and jurisprudence provide avenues for recourse and consider the seafarer’s actual inability to work.

Understanding Medical Assessment and Disability for Seafarers

The employment of seafarers engaged in international voyages is primarily governed by the contract you signed, which incorporates the terms and conditions set by the Philippine Overseas Employment Administration (POEA). These standard terms, found in the POEA Standard Employment Contract (POEA SEC), have the force of law between you and the manning agency, provided they are not contrary to other laws, morals, public order, or public policy. A key provision in the POEA SEC outlines the procedures and responsibilities concerning injuries or illnesses sustained during the term of your contract.

One critical requirement is that upon sign-off from the vessel for medical treatment, the seafarer must submit to a post-employment medical examination by a company-designated physician within three working days upon return to the Philippines, unless physically incapacitated. Failure to comply with this mandatory reporting requirement can result in the forfeiture of the right to claim benefits.

For this purpose, the seafarer shall submit himself to a post- employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. (Section 20(B)(3), 1996 POEA SEC)

Assuming you complied with this initial requirement by seeing the company-designated physician for your back injury, the company’s obligation includes providing medical attention until you are declared fit to work or the degree of your disability is established. While the company-designated physician is primarily tasked with this assessment, the law recognizes that their opinion is not the only one. The seafarer has the right to seek a second opinion.

But the assessment of the company- designated physician is not final, binding or conclusive on the seafarer, the labor tribunals, or the courts. The seafarer may request a second opinion and consult a physician of his choice regarding his ailment or injury, and the medical report issued by the physician of his choice shall also be evaluated on its inherent merit by the labor tribunal and the court. (Relevant Principle derived from Supreme Court jurisprudence)

Furthermore, the determination of whether you are entitled to disability benefits is not solely based on a physician’s ‘fit to work’ declaration, especially if that declaration occurs after a significant period of being unable to perform your duties. Philippine law defines permanent disability not just in terms of medical condition or loss of body parts, but significantly, on the worker’s loss of earning capacity. If an injury or illness prevents a seafarer from performing their usual sea duties for a continuous period, this duration becomes a critical factor.

Under the law, there is permanent disability if a worker is unable to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body. (Relevant Principle derived from Supreme Court jurisprudence)

Even if the company-designated physician eventually declares a seafarer fit to work, if the seafarer has been unable to work for more than 120 days from repatriation due to the work-related injury, the disability is often considered permanent and total. The inability to resume work after this period creates a presumption of permanent disability.

What clearly determines the seafarer’s entitlement to permanent disability benefits is his inability to work for more than 120 days. Although the company- designated physician already declared the seafarer fit to work, the seafarer’s disability is still considered permanent and total if such declaration is made belatedly (that is, more than 120 days after repatriation). (Relevant Principle derived from Supreme Court jurisprudence)

Therefore, despite the company physician’s declaration, your inability to perform your job, especially if this inability has lasted for more than 120 days since your repatriation and initial medical treatment, is a strong indication of a permanent disability under the law. The assessment of your personal physician further supports this perspective.

Practical Advice for Your Situation

• Document Everything: Keep detailed records of your medical consultations with both the company doctor and your personal physician, including dates, diagnoses, treatments, and declarations of fitness or disability.
• Highlight Inability to Work: Emphasize the fact that you have been unable to perform your specific duties as a deckhand for more than 120 days since your repatriation due to the back injury.
• Rely on Your Physician’s Assessment: Your personal physician’s finding of permanent partial disability and recommended work limitations is crucial evidence to counter the company doctor’s ‘fit to work’ declaration.
• Understand the 120-Day Rule: Be aware that inability to work for more than 120 days often establishes permanent disability under jurisprudence, irrespective of the company doctor’s late ‘fit to work’ declaration.
• Communicate Formally: If you haven’t already, formally inform the company in writing about your continued inability to work despite their doctor’s clearance, referencing your personal physician’s assessment.
• Seek Mediation/Arbitration: If the company still denies your claim based solely on their doctor’s certification, you may need to file a case before the National Labor Relations Commission (NLRC) to pursue your claim for disability benefits.

Based on the principles of law and jurisprudence, your continued inability to perform your job for an extended period (more than 120 days), coupled with your personal physician’s assessment, provides a strong basis for a claim for disability benefits, even if the company-designated physician has declared you fit to work. Your inability to earn a living in your capacity as a seafarer due to the injury is a significant factor in determining disability.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.