8/20/2020
E-Library - Information At Your Fingertips: Printer Friendly
person of Dr. Nicanor Escutin; that after a thorough examinations and test,
concluded that the nature and extent of [Segui's] injury rendered him
permanently and totally unable to work as a seafarer, thus, [Segui] asked
[petitioners] to pay his total and permanent disability; that [petitioners],
however, refused. Hence, this complaint.
[Petitioners] Abosta Shipmanagement Corporation/Cido Shipping Company
Ltd./Alex Estabillo [Abosta, et al.] do not dispute the circumstances of
[Segui's] engagement and subsequent deployment to his assigned vessel, as
well as his repatriation on medical grounds, but deny liability for the claims
and aver: that following [Segui's] repatriation on December 2, 2010 he was
immediately referred to the company-designated physician; that [Segui] was
diagnosed with Lumbar Disc Herniation and was referred to an orthopedic
surgeon and physiatrist x x x; that [Segui] underwent foraminotomy and
discectomy of [L4-L5] and tolerated the procedure well; that he was placed
on therapy for healing and possible fitness to work x x x; that unknown to
the [petitioners], [Segui] stopped attending his medical appointments and
instituted his complaint; that during the mandatory conferences,
[petitioners] prevailed upon [Segui] to continue his treatment for the final
disability assessment; that [Segui] returned to the company[-]designated
physician on May 17, 2011 to continue treatment and obtain his final
assessment x x x; that finding that [Segui] had reached maximum medical
cure, the company-designated-physician assessed [him] with Grade 8
disability-moderate rigidity or 2/3 loss of motion of lifting power of the trunk
x x x; that [Segui] is only entitled to the compensation corresponding to the
assessment made by the company-designated physician; that there is no
basis to claim permanent total disability compensation; that [Segui] failed to
prove his entitlement to full disability compensation; and that the findings of
the company-designated physician are binding on [Segui].[1]
The LA's Decision
On February 2, 2012, LA Franco rendered a Decision in favor of Segui.[2] The LA held
that Segui is entitled to maximum disability benefit after finding that he suffered from a
work-related illness/injury while on board the vessel, and applying the terms and
conditions of the Philippine Overseas Employment Administration-Standard
Employment Contract (POEA-SEC), which is incorporated in his employment contract.
Section 20.B of POEA-SEC provides that the employer shall be liable for disability
compensation for work-related illness/injury sustained during the term of the contract.
[3]
The LA found that Segui underwent treatment and therapy under the companydesignated physician for almost eight months, after which, he was determined to have
reached maximum medical cure as of July 8, 2011. However, during his check-up on
June 22, 2011, or less than two weeks up to the time he was declared to have reached
maximum medical cure, Segui was still assessed to have poor lifting capacity. The
medical certificate and assessment dated July 8, 2011, however, made no reference to
this medical observation. The LA construed that the July 8, 2011 certification is
intended to comply with the 120/240-day period under current jurisprudence.[4]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64944
2/12