The Importance of Regular Medical Compliance for Seafarers Seeking Disability Benefits

Josue A. Antolino v. Hanseatic Shipping Phils. Inc., G.R. No. 245917, February 26, 2020

Imagine a seafarer, far from home, who suffers a debilitating injury while serving on a vessel. Their hope for recovery and financial support hinges on the medical treatment they receive upon returning home. But what happens when that seafarer, due to financial constraints or other reasons, fails to attend scheduled medical check-ups? The case of Josue A. Antolino sheds light on this critical issue, highlighting the consequences of medical abandonment on a seafarer’s right to claim disability benefits.

Josue Antolino, a Filipino seafarer, suffered an injury while working aboard a ship. After being medically repatriated, he was supposed to undergo regular medical examinations to assess his disability. However, Antolino missed a crucial check-up, claiming financial incapacity. The Supreme Court ultimately ruled that his failure to attend the examination constituted medical abandonment, resulting in the forfeiture of his disability benefits. This decision underscores the importance of adhering to medical obligations under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC).

Understanding the Legal Framework

The legal landscape governing seafarers’ rights to disability benefits is primarily defined by the POEA-SEC. This contract, which is imbued with public interest, aims to protect seafarers by ensuring they receive proper medical attention and compensation for work-related injuries or illnesses. Section 20(A)(3) of the POEA-SEC is particularly relevant, stating: “In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.”

This provision emphasizes the seafarer’s obligation to engage actively in their medical treatment. The term “medical abandonment” refers to a seafarer’s failure to attend scheduled medical examinations, which can lead to the forfeiture of disability benefits. The law balances the seafarer’s rights with their responsibilities, ensuring that both parties uphold their end of the contract.

For example, consider a seafarer who suffers a back injury and is advised to attend weekly physiotherapy sessions. If they miss these sessions without a valid reason, they risk losing their claim to disability benefits, even if the injury is severe.

The Journey of Josue Antolino

Josue Antolino’s story began when he was hired as a bosun on the M/V Hansa Fresenburg. On June 5, 2015, while preparing the gangway net, he fell and injured his left elbow. Upon arriving in Singapore, he sought medical treatment, which revealed a calcified fleck in his elbow. He was subsequently medically repatriated to the Philippines.

Upon his return, Antolino reported to Hanseatic Shipping Phils. Inc., who referred him to their designated medical provider. He underwent physiotherapy at the Medical Center Manila and was paid a sickness allowance. However, after returning to his home province in Antique, he was scheduled for a follow-up examination in Manila on November 4, 2015. Antolino requested Hanseatic to cover his travel expenses, but the company only offered reimbursement upon arrival, which he found insufficient. Consequently, he missed the examination.

Three months later, on January 22, 2016, Antolino finally appeared at the clinic. He was asked to sign a fit-to-work document but refused, citing ongoing pain. He then sought a second opinion from another doctor, who declared him unfit for sea duty. Antolino’s request for a third medical opinion was ignored, leading him to file a complaint for disability benefits.

The Labor Arbiter initially awarded Antolino total and permanent disability benefits, citing his financial incapacity as a valid reason for missing the examination. However, the National Labor Relations Commission (NLRC) reversed this decision, finding that Antolino had abandoned his treatment. The Court of Appeals affirmed the NLRC’s ruling, and the Supreme Court upheld the decision, stating:

“The Court finds that Antolino had unjustifiably abandoned his medical treatment, resulting in the forfeiture of his disability benefits.”

The Supreme Court emphasized that Antolino’s failure to substantiate his claim of financial incapacity, despite receiving sickness allowance, weakened his case. They noted:

“If he sincerely cared for the rehabilitation of his injury, he should have taken it upon himself to book his flight in advance upon receipt of his allowance.”

Practical Implications and Key Lessons

The Antolino case serves as a cautionary tale for seafarers and employers alike. Seafarers must understand that their right to disability benefits is contingent upon their active participation in medical treatment. Missing scheduled examinations without valid justification can lead to the forfeiture of these benefits.

For employers, the ruling reinforces the importance of providing clear communication and support to injured seafarers. While they are obligated to offer medical attention and sickness allowances, they must also ensure that seafarers understand the consequences of non-compliance with medical obligations.

Key Lessons:

• Seafarers should prioritize attending all scheduled medical examinations, even if it requires personal financial planning or seeking assistance from their employer.
• Employers must clearly communicate the dates and importance of medical check-ups, as well as the potential consequences of missing them.
• Both parties should document all communications and transactions related to medical treatment and financial support to avoid disputes.

Frequently Asked Questions

What is medical abandonment in the context of seafarers?

Medical abandonment occurs when a seafarer fails to attend scheduled medical examinations as required by the POEA-SEC, potentially leading to the forfeiture of disability benefits.

Can financial incapacity justify missing a medical examination?

Financial incapacity may be a valid reason, but it must be substantiated with clear and convincing evidence, as seen in the Antolino case.

What should a seafarer do if they cannot afford to travel for a medical check-up?

Seafarers should communicate their financial situation to their employer and request assistance. If possible, they should plan ahead and use their sickness allowance to cover travel expenses.

What are the responsibilities of the employer in providing medical treatment to seafarers?

Employers must provide medical attention, sickness allowances, and clear communication about scheduled examinations. They should also reimburse travel expenses as agreed upon.

How can seafarers ensure they receive their rightful disability benefits?

Seafarers should diligently follow all medical advice, attend all scheduled examinations, and maintain open communication with their employer regarding their treatment and financial needs.

ASG Law specializes in maritime and labor law. Contact us or email hello@asglawpartners.com to schedule a consultation.