115. RICKMERS MARINE AGENCY PHILS INC v. SAN JOSE | G.R. No.

220949 | July 23, 2018

PONENTE: CAGUIOA, J
TRIGGER: Respondent experienced loss of vision in his left eye. Petitioner’s designated physician
assessed respondent and gave the latter a Partial Temporary Disability rating and gave him a “fit for
work” rating. The Court ruled held that respondent was entitled to a total permanent disability
compensation since the assessment was made beyond the 120/240 day period.

DOCTRINE: If the company-designated physician fails to give his assessment within the period of
120 days or the extended 240 days, then the seafarer's disability becomes permanent and total.

ISSUE: WON respondent is entitled to total permanent disability benefits

CONTENTIONS:
● Petitioner
○ Petitioner argues that respondent's illness was not work-related, as he had already been
certified by the company-designated physician as "fit to work" in a certification dated
November 21, 2011
○ They also claim that the mere lapse of the 120/240-day period does not automatically
entitle the seafarer to disability compensation.
● Respondent
○ He contends that he is entitled to total and permanent disability benefits because the
company-designated physician did not issue any assessment within the 120/240-day
period.
○ Respondent also claims that rhegmatogenous retinal detachment is work-related; and that
the illness befell him while he was onboard the vessel and during the term of the
employment contract. Moreover, retinal detachment is listed as an occupational disease
under Section 32-A (18) of the 2010 Philippine Overseas Employment Administration -
Standard Employment Contract (POEA-SEC).

FACTS: RULING:

Parties: (Sino sila?) LOWER COURT RULING

● Petitioner: Rickmers Marine Agency Phil
● A local manning agency which deployed
respondent on board MV Maersk Edinburg
on behalf of its foreign principal.
● Respondent: Edmund San Jose
● Respondent was deployed aboard MV
Maersk and experienced loss/impairment of
vision in 2011.
Root of the Case:
● Respondent complained of his vision and
was examined at the port of call in
Singapore. His condition did not improve
and upon arrival at Manila, he was referred
○ LA
■ LA ruled in favor of respondent and
awarded him US$ 60,000.00.
■ The LA considered respondent's illness as
compensable as it occurred onboard the
vessel and during the effectivity of the
employment contract.
■ Furthermore, the LA reasoned that
respondent had failed to resume his duties
as a seafarer for more than 120 days; thus,
entitling him to total permanent disability
benefits.
○ NLRC
■ NLRC reversed the LA’s ruling based on
the fact that both the medical assessments
from the two doctors stated that
 to respondent’s designated physician.
● He was diagnosed with rhegmatogenous
retinal detachment with proliferative
[vitreoretinopathy], lattice degeneration,
myopia, and was recommended for eye
surgery.
● A medical certificate dated July 4, 2011
was then issued by the Respondents'
designated physician that gave the
Complainant a Partial Temporary Disability
Rating and thereafter gave him a "fit for
work" rating on November 21, 2011.
respondent was "fit to work."
■
The NLRC held that petitioners were only
liable for respondent's salaries during the
unexpired portion of the employment
contract of US$ 420.00 and financial
assistance of P50,000.00.
○ CA
■ set aside the NLRC Decision and
Resolution and reinstated the LA Decision.
● SC RULING
● YES.
● Under Article 192(c)(l) of the Labor Code
provides:
“(c) The following disabilities shall be
deemed total and permanent:
(1) Temporary total disability
lasting continuously for more
than one hundred twenty days,
except as otherwise provided for
in the Rules;”
 The company-designated physician must
issue a final medical assessment on the
seafarer's disability grading within 120 days
from repatriation. The period may be
extended to 240 days if justifiable reason
exists for its extension (e.g., seafarer
required further medical treatment or
seafarer was uncooperative).
 If the company-designated physician fails to
give his assessment within the period of 120
days or the extended 240 days, as the case
may be, then the seafarer's disability
becomes permanent and total.
 In the instant case, respondent was
repatriated on March 3, 2011. He underwent
the first eye operation on March 16, 2011
(13 days from repatriation). His next
operation was performed on September 18,
2011 (or 199 days from repatriation).
Justifiably, the extension of the 120-day
period was in order as the respondent
required further treatment.
  However, the company-designated
physician's assessment of fitness to work
was issued only on November 21, 2011,
which was 263 days from repatriation. Thus,
the medical assessment of respondent was
made beyond the maximum 240-day period
prescribed under the POEA-SEC. As such,
the disability of respondent is deemed total
and permanent.

EXTRA NOTES

● Section 2, Rule X of the Amended Rules on Employees' Compensation implementing Title II,
Book IV of the Labor Code, states:
Sec. 2. Period of Entitlement. — (a) The income benefit shall be paid beginning on the first
day of such disability. If caused by an injury or sickness it shall not be paid longer than 120
consecutive days except where such injury or sickness still requires medical attendance
beyond 120 days but not to exceed 240 days from onset of disability in which case benefit
for temporary total disability shall be paid. However, the System may declare the total and
permanent status at any time after 120 days of continuous temporary total disability as
may be warranted by the degree of actual loss or impairment of physical or mental
functions as determined by the System.