4/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
For instance, the phrase "petitioner's blood pressure is adequately controlled with
medications" is too generic and equivocal. It does not give a clear picture of the state
of petitioner's health nor does it give a thorough insight into petitioner's fitness or
unfitness to resume his duties as a seafarer. Do they mean that since his hypertension
can now be controlled by medications he is already fit to resume his work? Or do they
mean that though his hypertension can now be controlled, he still needs constant
monitoring? No one knows.
Likewise, the phrase "patient is now cleared cardiac wise" does not provide much
information. Does it mean that since he is cleared of any cardiac disease, he is already
fit to work as a seafarer? Or does it mean that though he is cleared of any cardiac
disease as of July 1, 2016, he still needs further monitoring? Does being cleared of any
cardiac disease automatically mean petitioner has a clean bill of health? The report
does not say.
Undoubtedly, the Medical Report dated July 1, 2016 is not complete and adequate,
therefore, it must be ignored. Ampo-on v. Reinier Pacific International Shipping,
Inc.[23] explains:
Upon finding that the seafarer suffers a work-related injury or illness, the
employer is obligated to refer the former to a company-designated
physician, who has the responsibility to arrive at a definite assessment of
the former's fitness or degree of disability within a period of 120 days from
repatriation. This period may be extended up to a maximum of 240 days, if
the seafarer requires further medical treatment, subject to the right of the
employer to declare within this extended period that a permanent partial or
total disability already exists.
The responsibility of the company-designated physician to arrive at
a definite assessment within the prescribed periods necessitates
that the perceived disability rating has been properly established
and inscribed in a valid and timely medical report. To be conclusive
and to give proper disability benefits to the seafarer, this
assessment must be complete and definite; otherwise, the medical
report shall be set aside and the disability grading contained therein
shall be ignored. As case law holds, a final and definite disability
assessment is necessary in order to truly reflect the true extent of
the sickness or injuries of the seafarer and his or her capacity to
resume work as such.
Failure of the company-designated physician to arrive at a definite
assessment of the seafarer's fitness to work or permanent disability
within the prescribed periods and if the seafarer's medical condition
remains unresolved, the law steps in to consider the latter's
disability as total and permanent. (Emphasis supplied)
To repeat, without a valid final and definitive assessment from the company-designated
doctors within the 120/240-day period, as in this case, the law already steps in to
consider a seafarer's disability as total and permanent.[24] By operation of law,
therefore, petitioner is already totally and permanently disabled. Besides, jurisprudence
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65966
6/8