Proper Notification is Key in Seafarer Disability Claims

United Philippine Lines, Inc. and/or Holland America Line Westours, Inc. v. Leobert S. Ramos, G.R. No. 225171, March 18, 2021

Imagine being a seafarer, miles away from home, suffering from a work-related injury, and then being denied the benefits you deserve simply because you were not properly notified of your medical assessment. This is the harsh reality faced by Leobert S. Ramos, whose case against United Philippine Lines, Inc. and Holland America Line Westours, Inc. sheds light on the critical importance of proper notification in seafarer disability claims. This case underscores the necessity of clear communication between employers and employees, especially when it comes to medical assessments and disability benefits.

In this case, Ramos, an assistant cook, was medically repatriated due to severe shoulder pain. Despite undergoing treatment, he was not provided with the results of his medical assessments, leading to a dispute over his entitlement to disability benefits. The central legal question was whether Ramos was entitled to total and permanent disability benefits, and how the lack of proper notification affected his claim.

The Legal Landscape of Seafarer Disability Claims

The legal framework governing seafarer disability claims in the Philippines is primarily based on the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). Under Section 20(A)(3) of the POEA-SEC, the company-designated physician’s assessment is crucial in determining the seafarer’s disability grading. However, if the seafarer’s personal physician disagrees with this assessment, the matter must be referred to a third-party physician for a final and binding assessment.

This process is designed to ensure fairness and due process, but it hinges on the seafarer being properly notified of the company-designated physician’s assessment. The term “proper notification” means the seafarer must receive the medical certificate personally or through other sanctioned means, as highlighted in the case of Gere v. Anglo-Eastern Crew Management Phils., Inc..

For example, if a seafarer is injured on duty and the company’s doctor assesses the injury but fails to inform the seafarer of the results, the seafarer cannot initiate the dispute resolution process. This lack of notification can lead to the seafarer being deemed entitled to total and permanent disability benefits by operation of law, as seen in Ramos’s case.

The Journey of Leobert S. Ramos

Leobert S. Ramos was hired by United Philippine Lines, Inc. as an assistant cook for Holland America Line Westours, Inc. in March 2013. Shortly after embarking on the vessel MS ZUIDERDAM, Ramos experienced severe pain in his left shoulder, leading to his medical repatriation on April 10, 2013.

Upon returning to the Philippines, Ramos underwent several medical examinations but was not provided with the results. He sought treatment from various doctors, who recommended surgery and declared him unfit for work. Despite these efforts, Ramos was only informed of the company-designated physician’s assessment of a Grade 10 disability when the employer filed their position paper in the legal proceedings.

The case progressed through the Labor Arbiter (LA), the National Labor Relations Commission (NLRC), and the Court of Appeals (CA), with each level affirming Ramos’s entitlement to total and permanent disability benefits. The Supreme Court ultimately upheld these decisions, emphasizing the importance of proper notification:

“[O]nly when the seafarer is duly and properly informed of the medical assessment by the company-designated physician could he determine whether or not he/she agrees with the same; and if not, only then could he/she commence the process of consulting his personal physician.”

The procedural steps in Ramos’s case included:

• Filing a complaint for disability benefits with the LA
• Appeal to the NLRC after the LA’s decision
• Petition for certiorari to the CA after the NLRC’s decision
• Final appeal to the Supreme Court

The Supreme Court’s decision reinforced the principle that without proper notification, the seafarer is deemed entitled to total and permanent disability benefits by operation of law:

“For the respondents’ failure to inform the petitioner of his medical assessment within the prescribed period, the petitioner’s disability grading is, by operation of law, total and permanent.”

Implications and Practical Advice

This ruling has significant implications for seafarers and employers alike. For seafarers, it underscores the importance of being proactive in seeking medical assessments and documentation. If a seafarer suspects they are not receiving proper notification, they should document their requests for medical records and consider seeking legal advice.

For employers, this case serves as a reminder of the need to adhere strictly to notification requirements. Failure to do so can result in costly legal battles and increased liability for disability benefits.

Key Lessons:

• Seafarers must ensure they receive and understand their medical assessments.
• Employers should provide clear and timely communication regarding medical assessments.
• Both parties should be aware of the mandatory dispute resolution process outlined in the POEA-SEC.

Frequently Asked Questions

What is the significance of proper notification in seafarer disability claims?

Proper notification is crucial as it allows the seafarer to evaluate the company-designated physician’s assessment and, if necessary, initiate the dispute resolution process. Without it, the seafarer may be deemed entitled to total and permanent disability benefits by operation of law.

How can a seafarer ensure they receive proper notification?

Seafarers should request their medical assessments in writing and keep records of all communications. If they do not receive a response, they should seek legal advice to ensure their rights are protected.

What happens if the company-designated physician’s assessment is not provided within the required period?

If the assessment is not provided within the 120 or 240-day period, the seafarer is deemed entitled to total and permanent disability benefits by operation of law.

Can a seafarer’s personal physician’s assessment override the company-designated physician’s assessment?

If the assessments conflict, they must be referred to a third-party physician for a final and binding assessment. However, this process cannot begin without proper notification of the company-designated physician’s assessment.

What are the practical steps an employer should take to avoid disputes over disability claims?

Employers should ensure timely and clear communication of medical assessments, provide seafarers with copies of all relevant medical documents, and follow the dispute resolution process outlined in the POEA-SEC.

ASG Law specializes in maritime law and labor disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.