8/23/2020
E-Library - Information At Your Fingertips: Printer Friendly
FIRST DIVISION
[ G.R. No. 216795, April 01, 2019 ]
MAERSK-FILIPINAS CREWING INC.; AND A.P. MOLLER A/S,
PETITIONERS, V. EDGAR S. ALFEROS, RESPONDENT.
DECISION
BERSAMIN, C.J.:
The assessment made by the company-designated physician of the condition of the
seafarer is controlling on the determination of the claim for disability benefits for the
seafarer. The filing of a claim based on the assessment of his condition by the
seafarer's chosen physician without his having given to the employer notice of his
intent to submit his condition for assessment by a third physician is premature and in
violation of the provisions of the POEA-Standard Employment Contract (POEA-SEC).
The Case
This appeal stems from the claim for disability benefits, sick wages, damages, and
attorney's fees filed by the respondent against the petitioners. The latter hereby appeal
the decision promulgated on November 10, 2014,[1] whereby the Court of Appeals (CA)
dismissed their petition for certiorari docketed as C.A.-G.R. SP No. 136293 and upheld
the decision dated April 30, 2014[2] rendered by the National Labor Relations
Commission (NLRC) affirming the award of US$60,000.00 representing the
respondent's permanent total disability benefits plus attorney's fees.
Antecedents
The petitioners had employed the respondent as an Able Seaman without interruption
since 1995. They had redeployed him each time under a new contract upon being
subjected to the Physical Employment Medical Examination (PEME) that always found
him fit for work. For his last employment contract, he was again hired by the
petitioners as an Able Seaman on board the vessel M/S Laura Maersk with a basic
salary of US$585.00/month for a period of six months commencing on May 10, 2012.
Upon completion of his contract, the parties mutually extended his services because
there was no person available to take over his position on board the vessel.[3]
On December 20, 2012, he suddenly felt pain in his lower back and abdomen while in
the performance of his duty. He also experienced difficulty and pain when urinating. He
reported his condition to his superior officer, who brought him to the Dulsco Medical
Clinic in Dubai, which, upon medical examination, diagnosed his condition as "Dysuria,
with loin pain and back pain." He was treated thereat, and was later on discharged and
allowed to return to the vessel. However, despite treatment in Dubai, his condition did
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65168
1/9