6/30/2021
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On January 25, 2018, petitioner sought the second medical opinion of another
physician, Dr. Cesar H. Garcia (Dr. Garcia), who assessed that petitioner was "unfit for
sea duty in whatever capacity."[10] Petitioner requested disability compensation from
respondents, which was denied, prompting him to file a notice to arbitrate with the
National Conciliation and Mediation Board (NCMB) for permanent and total disability
benefits, damages, and attorney's fees.[11]
For their part, respondents maintained, inter alia, that petitioner was declared fit to
work on December 5, 2016 by the company designated physician, Dr. Bernal, which
declaration was the result of an extensive medical attention given to petitioner.
Moreover, Dr. Bernal's findings were the result of consistent and regular monitoring of
petitioner's condition and therefore, remain unrefuted by Dr. Garcia's examination,
whose only basis was the same MRI conducted on petitioner in 2016. Respondents also
argued that petitioner had already signed the Certificate of Fitness to Work.[12]
After the parties failed to settle the dispute before the NCMB, they agreed to undergo
voluntary arbitration.
The VA Ruling
In a Decision[13] dated August 28, 2018, the VA dismissed petitioner's complaint for
lack of merit.[14] In ruling that petitioner was not entitled to permanent and total
disability benefits, the VA considered that: (a) he was declared fit to work by the
company designated physician, Dr. Bernal, after extensive medical examination,
treatment, and therapy sessions; (b) petitioner himself signed and did not contest the
Certificate of Fitness to Work, which serves as an admission that he agrees and
conforms with the findings of Dr. Bernal; (c) petitioner failed to present substantial
evidence to prove work-relatedness or work aggravation of his illness and the nature of
his employment as a seafarer; (d) since petitioner did not comply with the conflict
resolution procedure or a third doctor referral as mandated under Section 20 (A) (3)[15]
of the Philippine Overseas Employment Administration - Standard Employment Contract
(POEA-SEC), the company-designated physician's findings shall prevail; (e) Dr. Garcia's
medical assessment, which was based on a one-time medical consultation almost
fourteen (14) months after petitioner was declared fit to work and was a mere
interpretation of the medical findings of the company-designated physician, had no
evidentiary weight; and (f) even assuming that petitioner was entitled to disability
benefits, he was not entitled to the disability benefits under the SoS CBA because the
vessel MV Maersk Danube is not covered by the same.[16]
Petitioner moved for reconsideration[17] but was denied in a Resolution[18] dated
October 29, 2018, a copy of which he received on November 22, 2018.
Aggrieved, he filed a petition for review[19] under Rule 43 of the Rules of Court before
the CA.
The CA Ruling
In a Resolution[20] dated December 19, 2018, the CA dismissed the petition outright
for having been filed one (1) day late, finding that petitioner only had until December
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66395
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