Timely Medical Assessments Are Crucial for Seafarers Seeking Disability Benefits

Kennedy R. Quines v. United Philippine Lines Inc. and/or Shell International Trading and Shipping Co., G.R. No. 248774, May 12, 2021

Imagine working tirelessly at sea, only to find yourself medically repatriated due to a serious health condition. For many seafarers, this scenario is all too real, and the subsequent battle for disability benefits can be daunting. In the case of Kennedy R. Quines, a seasoned seafarer, the Supreme Court of the Philippines ruled on the importance of timely and definitive medical assessments in determining total and permanent disability. This landmark decision not only sheds light on the rights of seafarers but also underscores the responsibilities of employers in such situations.

Quines, who had served as an Able Seaman for United Philippine Lines Inc. (UPLI) and Shell International Trading and Shipping Co. since 2002, faced a health crisis during his last deployment in 2015. After experiencing severe symptoms, he was repatriated and sought disability benefits, claiming his condition was work-related. The central legal question was whether Quines was entitled to total and permanent disability benefits, given the lack of a final medical assessment within the required timeframe.

Understanding the Legal Framework for Seafarer Disability Claims

The legal landscape for seafarer disability claims in the Philippines is governed by the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) and the collective bargaining agreements (CBAs) between seafarers’ unions and shipping companies. These documents outline the conditions under which a seafarer may be entitled to disability benefits, including the requirement for a medical assessment within 120/240 days of repatriation.

Total and Permanent Disability is defined as a disability that renders a seafarer incapable of resuming work in the same capacity as before, or any work for which they are suited. According to the POEA-SEC, if no definitive assessment is made within the prescribed period, the seafarer is deemed to be totally and permanently disabled by operation of law.

Department of Health Administrative Order No. 2007-0025 further stipulates that a seafarer taking more than two maintenance oral medicines cannot be declared fit for sea duties. This regulation played a crucial role in Quines’ case, as he was prescribed multiple medications for his hypertension.

The Journey of Kennedy R. Quines: From Sea to Court

Kennedy R. Quines’ journey began in 2002 when he started working for UPLI. Over the years, he was repeatedly deployed without needing to reapply, and each time, he was declared fit for sea duties. However, during his 2015 deployment, Quines experienced severe health issues, including hypertension and chest pains, leading to his medical repatriation on April 1, 2016.

Upon returning to the Philippines, Quines was referred to the company-designated physician, who initially declared him fit to work. However, his symptoms persisted, and he was later prescribed multiple medications. Despite this, no final medical assessment was issued within the required 120/240-day period.

Quines sought the opinion of an independent doctor, who diagnosed him with Ischemic Heart Disease and declared him unfit for sea duties. He then filed a claim for total and permanent disability benefits, which was initially granted by the National Conciliation and Mediation Board – Panel of Voluntary Arbitrators (PVA). However, the Court of Appeals reversed this decision, prompting Quines to appeal to the Supreme Court.

The Supreme Court’s ruling hinged on the absence of a final and definitive medical assessment within the prescribed period. The Court emphasized that the medical reports issued by the company-designated physicians were inconclusive and did not provide a clear picture of Quines’ health status:

“The phrases ‘there is no absolute cardiovascular indication to petitioner’s resumption of seafaring duties,’ ‘patient still has episodes of dizziness and chest pain,’ and ‘not permanently unfit for sea duties’ are too equivocal as they are contradictory at the same time. They do not give a clear picture of the state of petitioner’s health nor present a thorough insight into petitioner’s fitness or unfitness to resume his duties as a seafarer.”

The Court also noted that Quines was taking more than two maintenance medications, which under Department of Health guidelines, disqualified him from being declared fit for sea duties. Consequently, the Supreme Court reversed the Court of Appeals’ decision and reinstated the PVA’s ruling, awarding Quines total and permanent disability benefits.

Practical Implications and Key Lessons for Seafarers and Employers

This ruling has significant implications for both seafarers and their employers. For seafarers, it underscores the importance of seeking independent medical opinions if the company-designated physician fails to provide a timely and definitive assessment. It also highlights the need to document all medical treatments and prescriptions, as these can be crucial in disability claims.

For employers, the decision serves as a reminder of their obligation to ensure that medical assessments are conducted within the required timeframe. Failure to do so can result in automatic total and permanent disability status for the seafarer, leading to substantial financial liabilities.

Key Lessons:

• Seafarers should be aware of their rights under the POEA-SEC and CBAs, particularly regarding disability benefits.
• Employers must ensure that medical assessments are thorough, definitive, and completed within the 120/240-day period.
• Both parties should maintain detailed records of medical treatments and assessments to support or contest disability claims.

Frequently Asked Questions

What constitutes total and permanent disability for seafarers?

Total and permanent disability occurs when a seafarer is unable to resume their previous work or any work for which they are suited, as defined by the POEA-SEC.

How long do employers have to assess a seafarer’s disability?

Employers must provide a final and definitive medical assessment within 120 days from repatriation, extendable to 240 days if the seafarer requires further medical treatment.

What happens if no final assessment is made within the required period?

If no final assessment is made within 120/240 days, the seafarer is deemed totally and permanently disabled by operation of law.

Can a seafarer seek an independent medical opinion?

Yes, seafarers can consult independent doctors, especially if they believe the company-designated physician’s assessment is incomplete or inconclusive.

How many maintenance medications can a seafarer take and still be considered fit for sea duties?

According to Department of Health guidelines, a seafarer taking more than two maintenance oral medicines cannot be declared fit for sea duties.

What should seafarers do if they face similar issues?

Seafarers should document all medical treatments, seek independent medical opinions if necessary, and be aware of their rights under the POEA-SEC and CBAs.

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