10/13/2020 240 DAYS IS THE MAXIMUM PERIOD WITHIN WHICH THE COMPANY PHYSICIAN HAS TO DECLARE THE SEAFARER’S

AFARER’S DISABIL…

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240 DAYS IS THE MAXIMUM PERIOD Search

WITHIN WHICH THE COMPANY Enter your search
PHYSICIAN HAS TO DECLARE THE
SEAFARER’S DISABILITY OR FITNESS
TO WORK; FAILURE TO DECLARE
WITHIN THE PERIOD MAY
ESTABLISH PERMANENT DISABILITY The Author
Published by  Atty Elvin B. Villanueva at  June 28, 2017 Atty. Elvin B.
Villanueva is a
litigation lawyer
specializing in labor
240 days is the maximim period that the employer is given to declare the fitness or laws. He graduated
disability of seafarer through its designated physician. Failure to do so within the from Arellano
period may establish the permanent disability status of the worker as held below: University School of
Law with honors. He
Sealanes Marine Serives, Inc./Arklow Shipping Netherland and/or Christopher
was a recipient of
Dumatol vs. Arnel G. Dela Torre
the Supreme Court
G.R. No. 214132, February 18, 2015
award for his essay
Facts: on the Role of the
Rule of Law in
Arnel Dela Torre was hired by Sealanes Marine Services, Inc. (Sealanes), in behalf of National
its foreign principal, Arklow Shipping Netherland (petitioners), as an able seaman Development.
on board M/V Arklow Venturefor a period of nine months. An overriding CBA
between Dela Torre’s union, Associated Marine Officers’ and Seamen’s Union of the Learn More
Philippines, and the Netherlands Maritime Employers Association, called “CBA for
Filipino Ratings on Board Netherlands Flag Vessels” (Dutch CBA), also covered his
contract.
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During the crew’s rescue boat drill at the port of Leith, Scotland, he figured in an
To deliver legal services Monday - Friday:  Unit G03 Makati
accident and injured his lower back. An X-ray of his lumbosacral spine was taken at
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Executive Elvin's
Tower 2, Dela
a hospital at the port, but while according to his attending physician he sustained
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Rosa St., Makati City
no major injury, the pain in his back persisted and he was repatriated. He was
better results for society. Saturday - Sunday:
referred by Sealanes to the Marine Medical Services of the Metropolitan Medical Civil Law
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Center. An X-ray of his lumbosacral spine showed, per the medical report, that he
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sustained “lumbar spine degenerative changes with associated L1 compression
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fracture.” The next day, a Magnetic Resonance Imaging scan of his lumbar spine
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revealed an “acute compression fracture body of L1; right paracentral disc Criminal Law
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protrusion at L5-S1 causing minimal canal compromise; L4-L5 and L5-S1 disc
dehydration.” Another X-ray showed “compression deformity of L1 vertebra; L2-L1 Events
disc space is now defined but slightly narrowed”. His fourth X-ray still showed a
Forms and
“compression fracture, L1 with narrowed L2-L1 disc space; no significant neural
Templates
foraminal compromise.
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He underwent several physical therapy sessions, and finally on March 10, 2011 the Rules of
company-designated physician assessed him with a Grade 11 disability for slight Procedure
rigidity or one-third loss of motion or lifting power of trunk. Nonetheless, he was
informed of the assessment only in May 2011, or more than 240 days since the Tax Law
accident.
TRAIN Law
He filed a complaint for disability benefits, medical reimbursement, underpaid sick
Uncategorized
leave, damages and attorney’s fees.

LA Ruling:

The LA rendered judgment awarding him US$80,000.00 in disability benefits as

Tags
provided in the Dutch CBA, plus 10% as attorney’s fees. In particular, the LA held
that such an award cannot be made to depend on the company-designated 120-day rule 240-
physician’s disability assessment which was issued more than 120 days after the day rule
accident, especially if despite treatment for more than 240 days Dela Torre was still abandonment of
unable to return to his accustomed work.
work attorney's fees
Sealanes, et al appealed to the NLRC contending that the disability benefits due to backwages burden
Dela Torre should be based on his Grade 11 disability assessment issued by the of proof
company-designated physician. Dela Torre also filed his appeal assailing the denial compensability
of his medical and transportation expenses. constructive
dismissal Death
NLRC Ruling:
benefit disability Disability

The NLRC affirmed the award of total disability benefits to Dela Torre noting that claim dismissal doubts

he continued with his rehabilitation even after the company’s Grade 11 disability resolved in favor of labor

rating issued on March 10, 2011, indicating that its disability rating was intended employer-employee
merely to comply with the 240-day limit for the company-designated physician to relationship
either declare him fit to work or to assess the degree of his permanent disability. employment contract

immutability of judgment
Sealanes, et al’ motion for reconsideration was denied. They filed petition for
jurisdiction labor-
certiorari.
only contracting
CA Ruling: loss of trust
The CA ruled that the seafarer’s right to disability benefits is determined not solely
and
by the company’s assessment of his impediment but also by law, contract and
confidence PEME
medical findings. Citing Articles 191 to 193 of the Labor Code, Section 2, Rule X of Permanent
the AREC, the POEA SEC, the parties’ CBA, and the employment contract between and Total
the parties, the appellate concurred that Dela Torre was entitled to total
permanent disability benefits.
Disability
petition for certiorari

Thus, the SC petition. piercing the veil Post

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procedural due
Whether or not the permanent disability is established despite findings of company
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designated physician beyond the 240-day period declaring lesser disability status
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separation pay
It is expressly provided in Article 192(c)(1) of the Labor Code that a “temporary serious
total disability lasting continuously for more than [120] days, except as otherwise
misconduct
provided in the Rules,” shall be deemed total and permanent. Section 2(b), Rule VII
strained relations
of the AREC, likewise provides that “adisability is total and permanent if as a result
termination theft third
of the injury or sickness the employee is unable
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Reserved. occupation
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for a continuous period exceeding 120 days, except as dismissal waiver willful

otherwise provided under Rule X of these Rules.” breach Willful breach of

trust willful disobedience
Under Section 32 of the POEA SEC, only those injuries or
work-relatedness
disabilities classified as Grade 1 are considered total and
permanent. In Kestrel Shipping Co., Inc. v. Munar, the Court
read the POEA SEC in harmony with the Labor Code and
the AREC, and explained that: (a) the 120 days provided
under Section 20(B)(3) of the POEA SEC is the period given
to the employer to determine fitness to work and when
the seafarer is deemed to be in a state of total and
temporary disability; (b) the 120 days of total and
temporary disability may be extended up to a maximum
of 240 days should the seafarer require further medical
treatment; and (c) a total and temporary disability
becomes permanent when so declared by the company-
designated physician within 120 or 240 days, as the case may be, or upon the
expiration of the said periods without a declaration of either fitness to work or
permanent disability and the seafarer is still unable to resume his regular seafaring
duties.

Dela Torre was repatriated on August 4, 2010 and immediately underwent

treatment and rehabilitation at the company-designated facility, Marine Medical
Services of the Metropolitan Medical Center. It lasted until July 20, 2011, exceeding
the 240 days allowed to declare him either fit to work or permanently disabled.
Although he was given a Grade 11 disability rating on March 10, 2011, the
assessment may be deemed tentative because he continued his physical therapy
sessions beyond 240 days. Yet, despite his long treatment and rehabilitation, he
was eventually unable to go back to work as a seafarer, which fact entitled him
under the Dutch CBA to maximum disability benefits.

Thus, that Dela Torre required therapy beyond 240 days and remained unable to
perform his customary work during this time rendered unnecessary any further
need by him to secure his own doctor’s opinion or that of a neutral third doctor to
determine the extent of his permanent disability.

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