G.R. No. 168716
7 of 11
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/168716.htm
(c) as a result of the injury, he becomes totally or partially disabled.
This provision is limited to injuries. It does not cover all kinds of illnesses such as those suffered
by respondent. Moreover, neither the NCMB nor the CA found that respondents illnesses were
the result of an accident or a marine peril.
Nonetheless, while respondent is not entitled to disability compensation under the CBA,
Section 20(B) of the Contract provides:
5. In case of permanent total or partial disability of the seafarer during the term of
employment caused by either injury or illness the seafarer shall be compensated in
accordance with the schedule of benefits enumerated in Section [32] of this Contract.
Computations arising from any illness or disease shall be governed by the rates and rules of
compensation applicable at the time the illness or disease was contracted. (emphasis supplied)
Under this provision, a seafarer may be entitled to disability compensation if (1) he is shown to
have contracted an illness or suffered an injury in the course of his employment and (2) such
illness or injury resulted in his total or partial disability.
In this case, the company-accredited doctor opined that respondent was fit to work but
respondents own physicians declared otherwise.
We note that Section 20(B) of the employment contract states that it is the companydesignated physician who determines a seafarers fitness to work or his degree of disability.
Nonetheless, a claimant may dispute the company-designated physicians report by seasonably
consulting another doctor. In such a case, the medical report issued by the latter shall be
evaluated by the labor tribunal and the court, based on its inherent merit.
[23]
Dr. Tronco made the following observations about respondent:
The [patient] started to feel weak, anxious, depressed, with loss of interest and feeling of
hopelessness one month before consultation. These symptoms interfered with work. He was thus
repatriated on the fifth month of work as a seaman. He was given anti-depressants which led to
his gradual improvement.
Presently, [patient] is energetic and not anxious.
Impression: major depression
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