The Importance of Following POEA-SEC Procedures in Seafarer Disability Claims

Pacific Ocean Manning, Inc. and/or Industria Armamento Meridionale and/or Capt. Amador P. Servillon v. Roger P. Solacito, G.R. No. 217431, February 19, 2020

Imagine a seafarer, far from home, who suddenly faces a debilitating injury that threatens his livelihood. The journey to secure disability benefits is fraught with legal complexities, as illustrated in the case of Roger P. Solacito. This case underscores the critical importance of adhering to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) procedures when seafarers seek disability benefits.

Roger P. Solacito, an able seaman, was employed by Pacific Ocean Manning, Inc. to work on the M/V Eurocardo Salerno. While on duty, he suffered from a painful ear infection that led to his medical repatriation. Solacito’s subsequent claim for total and permanent disability benefits sparked a legal battle that traversed various levels of the Philippine judicial system, highlighting the intricacies of seafarer disability claims.

Legal Context: Understanding the POEA-SEC and Disability Assessments

The POEA-SEC is a crucial document governing the rights and obligations of Filipino seafarers and their employers. It outlines specific procedures for assessing and claiming disability benefits, which are essential for seafarers to understand and follow.

Under the POEA-SEC, when a seafarer suffers a work-related injury or illness, they are entitled to a medical assessment by a company-designated physician. This assessment must be timely and state the seafarer’s fitness to work or the degree of disability. If the seafarer disagrees with this assessment, they can consult their own doctor. Should the assessments conflict, a third doctor, jointly chosen by the employer and the seafarer, will make a final and binding decision.

Key provisions of the POEA-SEC relevant to this case include:

“Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days.”

This provision sets the timeline within which the company-designated physician must assess the seafarer’s condition. Failure to comply with these procedures can significantly impact the seafarer’s claim for disability benefits.

Case Breakdown: The Journey of Roger P. Solacito

Roger P. Solacito’s ordeal began on the night of June 10, 2009, when an insect entered his left ear during pirate watch duty, causing severe pain and dizziness. Despite attempts to remove it, the pain persisted, leading to his medical repatriation on July 3, 2009. Upon his return, the company-designated physician diagnosed him with chronic otitis media and recommended surgery, which was performed on October 13, 2009.

On January 7, 2010, the company-designated physician declared Solacito fit to work. However, Solacito, feeling his condition was not adequately addressed, consulted his personal physician on March 18, 2010, who declared him unfit for seafaring duties due to hearing loss.

Solacito filed a complaint for total and permanent disability benefits on January 2010, before consulting his personal physician. This premature filing was a critical procedural error. The Labor Arbiter initially awarded Solacito total and permanent disability benefits based on his personal physician’s assessment. However, this decision was appealed to the National Labor Relations Commission (NLRC), which upheld the Labor Arbiter’s findings but reduced the award to $60,000.00.

The case then moved to the Court of Appeals (CA), which found that the NLRC had committed grave abuse of discretion by favoring Solacito’s personal physician’s assessment over that of the company-designated physician. The CA awarded Solacito partial and permanent disability benefits instead.

Ultimately, the Supreme Court reviewed the case and found that Solacito’s failure to follow the POEA-SEC procedure—specifically, not referring the conflicting medical assessments to a third doctor—meant that the company-designated physician’s assessment should prevail. The Court emphasized:

“The duty to secure the opinion of a third doctor belongs to the employee asking for disability benefits. He must actively or expressly request for it.”

The Supreme Court dismissed Solacito’s complaint, directing him to return the disability benefits and attorney’s fees he had received.

Practical Implications: Navigating Future Claims

This case serves as a stark reminder of the importance of adhering to the POEA-SEC procedures for seafarers seeking disability benefits. The ruling underscores that the assessment by the company-designated physician is binding unless properly challenged through the third-doctor referral process.

For seafarers, it is crucial to:

• Consult with a personal physician promptly if they disagree with the company-designated physician’s assessment.
• Notify the employer of their intent to seek a third doctor’s opinion within the specified timeframe.
• Ensure all medical assessments are documented and presented in a timely manner to support their claims.

Key Lessons:

• Adherence to POEA-SEC procedures is vital for the success of disability claims.
• Seafarers must actively engage in the process of securing a third doctor’s opinion if necessary.
• Employers and seafarers should maintain clear communication and documentation throughout the medical assessment process.

Frequently Asked Questions

What is the POEA-SEC, and why is it important for seafarers?

The POEA-SEC is the Philippine Overseas Employment Administration Standard Employment Contract, which outlines the rights and obligations of Filipino seafarers and their employers. It is crucial because it provides a standardized framework for handling issues such as disability benefits.

What should a seafarer do if they disagree with the company-designated physician’s assessment?

A seafarer should consult their own doctor and, if the assessments conflict, notify their employer of their intent to seek a third doctor’s opinion. This third doctor’s assessment will be final and binding.

Can a seafarer file a disability claim without following the POEA-SEC procedure?

Filing a claim without following the POEA-SEC procedure, such as not seeking a third doctor’s opinion when assessments conflict, can lead to the dismissal of the claim, as seen in Solacito’s case.

How long does a seafarer have to file a disability claim?

Under the POEA-SEC, a seafarer must be assessed by the company-designated physician within 120 days from sign-off for medical treatment. If no assessment is made within this period, the seafarer may be entitled to total and permanent disability benefits.

What are the consequences of not adhering to the POEA-SEC procedures?

Non-adherence can result in the dismissal of the seafarer’s claim, as the company-designated physician’s assessment will prevail in the absence of a third doctor’s opinion.

Can a seafarer be awarded disability benefits if declared fit to work by the company-designated physician?

If a seafarer is declared fit to work by the company-designated physician and does not follow the procedure to seek a third doctor’s opinion, they are unlikely to be awarded disability benefits.

ASG Law specializes in maritime law and labor disputes. Contact us or email hello@asglawpartners.com to schedule a consultation and navigate your seafarer disability claims effectively.