In Ramon G. Nazareno v. Maersk Filipinas Crewing Inc., the Supreme Court sided with the seafarer, emphasizing the importance of protecting labor rights, especially in cases of disability. This decision clarifies that while a company-designated physician’s assessment is important, it is not the final word. Seafarers have the right to seek independent medical opinions, and labor tribunals can consider these opinions when evaluating disability claims, ensuring fair compensation for work-related injuries. The Court underscored that the well-being of Filipino seamen, given the risks of their profession, must be a paramount consideration in determining their entitlement to benefits.

Navigating the High Seas of Justice: Whose Medical Opinion Prevails in a Seafarer’s Disability Claim?

Ramon G. Nazareno, a Chief Officer for Maersk Filipinas Crewing Inc., suffered a serious shoulder injury while working on a vessel in Brazil. Despite initial treatment, the pain persisted, and he sought further medical evaluations after being repatriated to the Philippines. While a company-designated physician declared him fit to work, other doctors, including a neurologist, concluded that his condition would prevent him from performing his duties as a chief officer. This discrepancy sparked a legal battle over his disability benefits, raising the critical question: In assessing a seafarer’s disability claim, should the assessment of the company-designated physician be the sole determinant, or should the findings of independent medical experts also be considered?

The Court of Appeals (CA) sided with the company, asserting that under the 1996 POEA Standard Employment Contract (POEA-SEC), only the company-designated physician could assess a seafarer’s disability. However, the Supreme Court reversed this decision, emphasizing a broader interpretation of seafarers’ rights and the importance of considering all medical evidence. The Court’s analysis hinged on the proper interpretation of Section 20 (B) of the 1996 POEA-SEC, which outlines the liabilities of the employer when a seafarer suffers injury or illness. Specifically, the Court addressed the role of the company-designated physician in assessing disability.

The Supreme Court referenced several key precedents to support its decision. In Abante v. KJGS Fleet Management Manila, the Court upheld the findings of an independent physician over the company-designated physician. The ruling underscored that the right to seek a second opinion is crucial. Building on this principle, the Court cited Seagull Maritime Corporation v. Dee, which clarified that while the company-designated physician makes the initial assessment, this does not prevent the seafarer from seeking additional medical opinions. The Court noted that nowhere in the case of German Marine Agencies, Inc. v NLRC was it held that the company-designated physician’s assessment of the nature and extent of a seaman’s disability is final and conclusive.

The Court also highlighted Maunlad Transport, Inc. v. Manigo, Jr., which affirmed the seafarer’s right to consult another physician. This physician’s report should be evaluated based on its inherent merit. The Court has the power to consider it. Furthermore, in Daniel M. Ison v. Crewserve, Inc., et al., the Court evaluated the findings of the seafarer’s doctors vis-à-vis the findings of the company-designated physician. This further illustrates the point that a seafarer is not precluded from consulting a physician of his choice.

However, the Court acknowledged its ruling in Vergara v. Hammonia Maritime Services, Inc., where it sustained the findings of the company-designated physician. It distinguished this case by noting that the seafarer in Vergara failed to follow the proper procedures for seeking a third opinion and had accepted the company doctor’s assessment. In Nazareno’s case, the seafarer timely questioned the company-designated physician’s competence by consulting independent doctors and did not agree with the company physician’s findings. The Court emphasized the principle of social justice. It stated that where evidence may be reasonably interpreted in two divergent ways, one prejudicial and the other favorable to him, the balance must be tilted in his favor.

The Supreme Court emphasized the importance of protecting labor rights, especially for seafarers. They risk much in their professions. This case serves as a reminder of the judiciary’s role in safeguarding the rights of workers. The Court highlighted that according to the message to Elite, it was already established that Nazareno was declared “not fit for duty” and was advised to be confined and undergo MRI treatment. In Dr. Santiago’s Neurologic Summary, it was indicated that petitioner developed right shoulder pains nine months before and that despite repeated physical therapy, it only provided petitioner temporary relief. Dr. Santiago was also of the impression that petitioner was afflicted with Parkinson’s disease and concluded that petitioner will no longer function as in his previous disease-free state.

The Court ultimately ruled in favor of Nazareno, awarding him disability benefits and attorney’s fees. This decision underscores the significance of considering all medical evidence. The Court emphasized that the notion of disability is intimately related to the worker’s capacity to earn. What is compensated is his inability to work resulting in the impairment of his earning capacity. Furthermore, the POEA-SEC for Seamen was designed primarily for the protection and benefit of Filipino seamen. Its provisions must be construed and applied fairly, reasonably and liberally in their favor.

FAQs

What was the key issue in this case?	The key issue was whether the assessment of a company-designated physician should be the sole determinant in a seafarer’s disability claim, or if the findings of independent medical experts should also be considered. The Supreme Court ruled that independent medical opinions should be taken into account.
What is the POEA-SEC?	The POEA-SEC stands for the Philippine Overseas Employment Administration Standard Employment Contract. It outlines the terms and conditions of employment for Filipino seafarers working on foreign vessels.
What did the company-designated physician conclude in this case?	The company-designated physician, Dr. Campana, issued a Medical Certificate stating that Nazareno was fit for work as of October 21, 2001, after treatment and physical therapy. However, other doctors disagreed with this assessment.
What did the other doctors find?	Dr. Santiago, a neurologist, concluded that Nazareno would no longer be able to function as in his previous disease-free state and that his condition would hamper him from operating as chief officer of a ship. Dr. Vicaldo diagnosed Nazareno with Parkinson’s disease and a frozen right shoulder.
Why did the Supreme Court rule in favor of the seafarer?	The Supreme Court ruled in favor of the seafarer because the findings of multiple doctors, both in the Philippines and abroad, indicated that he was unfit for duty. The court emphasized the importance of protecting labor rights and considering all medical evidence.
What is the significance of the Vergara v. Hammonia Maritime Services, Inc. case?	In Vergara, the Court upheld the company-designated physician’s assessment. However, the Supreme Court distinguished the present case from Vergara, noting that Nazareno timely questioned the company-designated physician’s competence and sought independent medical opinions.
What benefits was the seafarer awarded?	The seafarer was awarded US$20,900.00, representing his disability benefits, and attorney’s fees equivalent to ten percent (10%) of the monetary award.
What is the role of social justice in this case?	The Court emphasized that where evidence can be interpreted in two ways, one prejudicial and the other favorable to the laborer, the balance must be tilted in his favor. This is consistent with the principle of social justice.

This case reinforces the principle that the rights and welfare of Filipino seafarers are of paramount importance. It clarifies that while the assessment of a company-designated physician is a factor in determining disability claims, it is not the only factor. Seafarers have the right to seek independent medical opinions, and labor tribunals must consider all evidence to ensure fair compensation for work-related injuries.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Ramon G. Nazareno v. Maersk Filipinas Crewing Inc., G.R. No. 168703, February 26, 2013