8/20/2020
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The LA explained that the entitlement to disability benefits of seamen on overseas work
is governed not only by the medical findings but by law (the Labor Code and its
Implementing Rules) and contract. A seafarer who is medically repatriated is
considered on temporary total disability if he is unable to work for 120 days, during
which time he receives sickness wages and is provided medical attention. After the
lapse of 120 days and no declaration of fitness or permanent disability is made, the
temporary total disability may be extended up to a maximum of 240 days subject to
the employer's right to declare that a partial permanent or total permanent disability
already exists. After 240 days and without a declaration of fitness/disability, the
disability is deemed total and permanent. The LA ruled that between the declaration of
the company-designated physician and respondent Segui's own physician, the latter's
medical certificate clearly detailing the nature of his disability and extent of incapacity
should prevail.[5]
The NLRC Decision
On appeal to the National Labor Relations Commission (NLRC), the commission
affirmed the Decision of the LA on January 4, 2013.[6] The NLRC pronounced that since
the International Transport Workers' Federation (ITF) Standard Agreement provides for
higher disability compensation than the POEA-SEC, the former should prevail over the
latter.[7]
The NLRC also ruled that while it is the company-designated physician who must
declare that the seaman suffered permanent disability during employment, it does not
deprive the seafarer of his right to seek a second opinion, which can then be used by
the labor tribunals in awarding disability claims.[8]
The NLRC elucidated on the following findings of fact:
In the case at bar, records show that on July 8, 2011, the companydesignated physician issued a medical report, indicating that [Segui] had
"reached maximum medical cure;" and that the "final disability grading
under the POEA schedule of disabilities is Grade 8 - moderate rigidity or two
thirds (2/3) loss of motion or lifting power of the trunk" x x x. Inasmuch as
[Segui] had already "reached maximum medical cure," it is indubitable that
his disability of "moderate rigidity or two thirds (2/3) loss of motion or lifting
power of the trunk" would remain, despite further medical treatment.
Clearly, [Segui's] disability is already permanent.
Significantly, the company-designated physician never mentioned in his
medical report of July 8, 2011 that as of said date, [Segui] was already fit to
work as seafarer in any capacity. Therefore, the declaration of the companydesignated attending physician in Panama on November 18, 2010, that
[Segui] was "Unfit for duty" x x x still stands.
Notably, in his disability report dated June 4, 2011, the physician consulted
by [Segui] already declared the latter's disability as permanent and that
[Segui] is already "UNFIT TO WORK as a seaman in whatever capacity" x x
x. Obviously, the findings of the company-designated physicians and
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