CASE DIGEST
SSkanfil Maritime Services, Inc. v. Centeno
G.R. No. 227655, [April 27, 2022]
THIRD, LOPEZ, M.
Collective Bargaining Agreement; Permanent Total Disability Benefits; Damages
A seafarer who suffered permanent total
disability due to a work-related accident is granted disability benefits and
attorney's fees after the company-designated physicians failed to issue a valid
medical assessment within the prescribed period, while the awards for moral and
exemplary damages were deleted due to insufficient evidence of bad faith or
fraud.
Almario was hired by Skanfil as a mess person on board M/V "DIMI" POS TOPAS in March 2013. On September 26, 2013, Almario fell from a ladder while working and suffered injuries. Almario was brought to a hospital in Japan and was diagnosed with a blunt head injury, blunt back injury, lacerated scalp wound, and brain concussion. Almario was repatriated to the Philippines on October 2, 2013, and was referred to the company-designated physicians for medical assessment and treatment. The physicians assessed Almario's injury as "S/P Suturing of Lacerated Wound on the Scalp, Fracture S3; Mild L3-L4 Disc Bulge." Almario was also treated by other specialists. After weeks of treatment and rehabilitation, Almario was cleared by the company-designated physicians and signed a 10th and Final Report and Certificate of Fitness for Work stating that he was "fit for duty” issued on February 7, 2014, or eight days beyond the prescribed period. However, Almario consulted another physician who declared him permanently unfit to resume sea duties. Almario filed a complaint for permanent disability benefits against Skanfil.
Whether Almario is entitled to permanent total disability benefits, moral and exemplary damages, and attorney's fees.
YES. The court ruled in favor of Almario, granting him
permanent total disability benefits and attorney's fees. The seafarer's
entitlement to disability benefits is governed by the law, the parties'
contracts, and the medical findings. The company-designated physician must issue a final
medical assessment on the seafarer's disability grading within a period of 120
days from the time the seafarer reported to him. If the company-designated
physician fails to give his assessment within the period of 120 days, without
any justifiable reason, then the seafarer's disability becomes permanent and
total.
Here, the company-designated physicians failed to issue a valid medical assessment within the prescribed period of 120 days from Almario's repatriation. In this case, the 10th and Final Report and the Certificate of Fitness for Work are not final and valid assessments. They are incomplete and not definitive of Almario's state of health and capacity to resume work. Most importantly, they were issued beyond the prescribed period. Therefore, it was not a valid assessment. Consequently, Almario's disability is considered permanent and total.
Skanfil was adjudged solidarily liable
to pay Almario Centeno his total disability benefits under the CBA. The court
deleted the awards for moral and exemplary damages, as there was insufficient
evidence to show bad faith or fraud on the part of Skanfil. However, the award
of attorney's fees was retained. The court also imposed a legal interest of 6%
per annum on the total monetary awards until complete payment.
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