Timely Medical Assessments Are Crucial for Seafarers Seeking Disability Benefits

Doehle-Philman Manning Agency, Inc., et al. v. Gatchalian, Jr., G.R. No. 207507, February 17, 2021

Imagine you’re a seafarer, miles away from home, when an accident leaves you injured and unable to work. Your future hinges on a medical assessment that will determine whether you receive the disability benefits you need. This is the reality for many seafarers, and the Supreme Court of the Philippines recently clarified the critical role of timely medical assessments in their case against Doehle-Philman Manning Agency, Inc. The central question was whether a seafarer, Jose Gatchalian, Jr., was entitled to disability benefits after a knee injury sustained on board a ship.

In this case, Gatchalian suffered a knee injury while working as a Chief Cook on a vessel. After undergoing treatment and being declared fit to work by the company-designated doctor, he later sought disability benefits based on a different medical assessment. The Supreme Court’s ruling underscores the importance of adhering to the procedural requirements set forth in the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) for seafarers seeking disability benefits.

Understanding the Legal Framework for Seafarer Disability Claims

The legal landscape governing seafarer disability claims in the Philippines is primarily defined by the POEA-SEC, a contract that outlines the rights and obligations of seafarers and their employers. Key provisions include Articles 197 to 199 of the Labor Code, which deal with disability benefits, and Section 20-B of the POEA-SEC, which details the process for claiming disability benefits.

Disability benefits refer to financial compensation provided to seafarers who suffer work-related injuries or illnesses that result in disability. The POEA-SEC stipulates that a seafarer must report to a company-designated physician within three days of returning from a voyage for a medical assessment. This assessment is crucial as it determines whether the seafarer is fit to work or eligible for disability benefits.

Section 20-B of the POEA-SEC states that if the seafarer disagrees with the company-designated physician’s assessment, they may seek a second opinion. In case of a disagreement between the two assessments, a third doctor, mutually agreed upon by both parties, must be consulted, and their decision is final and binding. This process ensures a fair and objective evaluation of the seafarer’s condition.

For example, if a seafarer suffers a back injury while working on a ship, they must undergo a medical assessment upon returning home. If the company doctor declares them fit to work, but the seafarer feels otherwise, they can consult their own doctor. If the assessments differ, a third doctor’s evaluation will determine the final outcome.

Jose Gatchalian, Jr.’s Journey Through the Courts

Jose Gatchalian, Jr., a seasoned Chief Cook, had been working for Doehle-Philman Manning Agency, Inc. and its principal, Doehle (IOM) Ltd., since 2002. In December 2006, he suffered a severe knee injury while on board the M/V Independent Endeavor. After receiving medical treatment in Belgium and being repatriated to the Philippines, Gatchalian underwent further treatment and therapy under the care of company-designated doctors.

On February 14, 2007, the company-designated doctor declared Gatchalian fit to work, within the 120-day period prescribed by the POEA-SEC. However, nearly two years later, in February 2009, Gatchalian filed a complaint for disability benefits, supported by a medical certificate from his own doctor, Dr. Angel Chua, diagnosing him with traumatic arthritis and assessing him with permanent partial disability.

The case progressed through the labor tribunals, with the Labor Arbiter initially dismissing Gatchalian’s claim, finding the company-designated doctor’s assessment more credible. The National Labor Relations Commission (NLRC) affirmed this decision, but the Court of Appeals (CA) reversed it, granting Gatchalian permanent total disability benefits.

The Supreme Court, however, disagreed with the CA’s ruling. The Court emphasized that Gatchalian did not comply with the mandatory procedure of seeking a second opinion and referring the dispute to a third doctor before filing his complaint. The Court noted:

“He did not timely secure and disclose to petitioners the contrary assessment of his doctor, and signify his intention to refer the dispute to a third doctor.”

The Court also highlighted the importance of the company-designated doctor’s assessment, stating:

“In this regard, it is the company-designated doctor’s findings that should prevail as he is equipped with the proper discernment, knowledge, experience, and expertise on what constitutes total or partial disability.”

Ultimately, the Supreme Court reinstated the NLRC’s decision, denying Gatchalian’s claim for disability benefits due to his failure to follow the required procedure.

Implications for Future Seafarer Disability Claims

This ruling has significant implications for seafarers and their employers. It reinforces the importance of adhering to the procedural requirements of the POEA-SEC, particularly the timely reporting to a company-designated physician and the mandatory referral to a third doctor in case of a dispute.

For seafarers, this decision underscores the need to act promptly and follow the prescribed procedures when seeking disability benefits. Delaying the process or failing to consult a second doctor before filing a complaint can jeopardize their claim. Employers, on the other hand, must ensure that they provide adequate medical care and follow the POEA-SEC guidelines to avoid disputes and potential liabilities.

Key Lessons:

• Seafarers must report to a company-designated physician within three days of returning from a voyage to initiate the disability assessment process.
• If a seafarer disagrees with the company-designated doctor’s assessment, they must seek a second opinion and, if necessary, refer the dispute to a third doctor.
• Failure to comply with these procedures can result in the forfeiture of disability benefits.

Frequently Asked Questions

What should a seafarer do immediately after returning from a voyage with an injury?

A seafarer should report to a company-designated physician within three days of their return to initiate the medical assessment process for disability benefits.

Can a seafarer seek a second medical opinion if they disagree with the company-designated doctor’s assessment?

Yes, a seafarer can consult a doctor of their choice. If the assessments differ, the dispute must be referred to a third doctor, whose decision is final and binding.

What happens if a seafarer fails to follow the POEA-SEC procedures for disability claims?

Failure to comply with the mandatory procedures can result in the forfeiture of the right to claim disability benefits.

How long does a seafarer have to file a disability claim after being declared fit to work?

A seafarer should file a claim promptly if they believe they are still disabled. Delaying the claim, especially without a second medical opinion, can weaken their case.

Can a seafarer’s non-reemployment be used as evidence of disability?

No, the Supreme Court has ruled that non-reemployment by the same employer does not necessarily indicate that a seafarer is disabled.

ASG Law specializes in labor and employment law for seafarers. Contact us or email hello@asglawpartners.com to schedule a consultation and ensure your rights are protected.