Seafarers’ Disability Benefits: The Importance of Timely Medical Assessments

Charlo P. Idul v. Alster Int’l Shipping Services, Inc., et al., G.R. No. 209907, June 23, 2021

Imagine working tirelessly on the high seas, only to suffer a life-altering injury that threatens your livelihood. For seafarers like Charlo P. Idul, the struggle to secure disability benefits after such an incident can be as daunting as the waves they navigate. The Supreme Court’s ruling in Idul’s case sheds light on the critical importance of timely medical assessments and the procedural nuances that can make or break a claim for disability benefits.

In this case, Charlo P. Idul, a seafarer, was injured on the job and sought permanent and total disability benefits. The central legal question was whether Idul was entitled to these benefits based on the medical assessments and the procedures followed by both parties. This case underscores the complexities of maritime employment law and the stringent requirements seafarers must meet to secure their rightful benefits.

Understanding the Legal Framework for Seafarers’ Disability Benefits

The Philippine Overseas Employment Administration Standard Employment Contract (POEA SEC) governs the rights and obligations of Filipino seafarers and their employers. Under the POEA SEC, seafarers who suffer work-related injuries are entitled to disability benefits based on a medical assessment of their condition. The key provision states:

"The company-designated physician shall issue a medical certificate concerning the seafarer’s fitness to work or the degree of his disability within 120 days from the time the seafarer reported to him. If after 120 days of treatment the seafarer is still unable to work, the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists."

This provision highlights the importance of the company-designated physician’s assessment within the specified time frame. If the seafarer’s physician disagrees with the assessment, a third doctor may be jointly agreed upon by the employer and the seafarer, whose decision shall be final and binding.

In everyday terms, this means that if a seafarer gets injured, their employer’s doctor must assess their condition within a certain period. If the seafarer believes this assessment is unfair, they can seek a second opinion, but a third doctor’s opinion is needed to settle any disputes.

The Journey of Charlo P. Idul’s Case

Charlo P. Idul’s journey began when he was employed as a bosun by Alster Int’l Shipping Services, Inc. On December 4, 2008, he was injured on board the vessel M/V IDA when lashing wires broke and hit his left leg, causing a fracture. After undergoing surgery in France, Idul was repatriated to the Philippines for further treatment.

Upon his return, Idul was referred to the company-designated physicians at Metropolitan Medical Center. Over the next several months, he received treatment and rehabilitation, culminating in a medical report on July 6, 2009, which assessed his disability as Grade 10 due to "immobility of ankle joint in abnormal position."

However, Idul sought a second opinion from his chosen doctor, who assessed him as totally and permanently disabled after a single consultation. This led to a dispute over the disability benefits, with Idul filing a complaint for total and permanent disability benefits.

The case progressed through various stages:

• The Labor Arbiter ruled in favor of the employer, upholding the company-designated physician’s assessment.
• The National Labor Relations Commission (NLRC) reversed this decision, granting Idul permanent and total disability benefits.
• The Court of Appeals (CA) then reinstated the Labor Arbiter’s decision, emphasizing the importance of the company-designated physician’s assessment within the 240-day period.

The Supreme Court ultimately dismissed Idul’s petition, affirming the CA’s decision. The Court emphasized the procedural requirement for a third doctor’s assessment when there is a disagreement between the company-designated physician and the seafarer’s chosen doctor. As the Court stated:

"The employee seeking disability benefits carries the responsibility to secure the opinion of a third doctor. In fact, the employee must actively or expressly request for it."

Another crucial point the Court highlighted was:

"A temporary total disability only becomes permanent when the company-designated physician declares it to be so within the 240-day period, or when after the lapse of the 240-day period, the company-designated physician fails to make such declaration."

Practical Implications and Key Lessons

This ruling has significant implications for seafarers and their employers. It underscores the necessity of adhering to the procedural requirements outlined in the POEA SEC, particularly the timely medical assessments and the potential involvement of a third doctor.

For seafarers, it is crucial to:

• Report to the company-designated physician promptly upon repatriation.
• Engage actively in the medical assessment process and, if necessary, request a third doctor’s opinion.
• Understand that the company-designated physician’s assessment within the 240-day period is binding unless a third doctor’s assessment is obtained.

For employers, the ruling reinforces the importance of:

• Ensuring that company-designated physicians conduct thorough and timely assessments.
• Being open to the involvement of a third doctor if the seafarer requests it.
• Communicating clearly with seafarers about their rights and the procedures for obtaining disability benefits.

Key Lessons:

• Timeliness is critical in medical assessments for disability benefits.
• Seafarers must take an active role in the assessment process to protect their rights.
• Both parties must adhere to the procedural requirements of the POEA SEC to avoid disputes.

Frequently Asked Questions

What is the significance of the 120-day and 240-day periods in seafarers’ disability claims?

The 120-day period is the initial timeframe for the company-designated physician to assess the seafarer’s disability. If the seafarer remains unable to work after this period, it can be extended up to 240 days. A permanent disability can only be declared within these timeframes.

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

No, if there is a disagreement, a third doctor’s assessment is required, and their decision is final and binding on both parties.

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

The seafarer should seek a second opinion from their chosen doctor and actively request a third doctor’s assessment to resolve the dispute.

Is it necessary for the seafarer to request a third doctor’s assessment?

Yes, the seafarer must actively request a third doctor’s assessment if they disagree with the company-designated physician’s findings.

What happens if the 240-day period lapses without a final assessment?

If the 240-day period lapses without a declaration of permanent disability, the seafarer may be considered permanently disabled if they are still unable to work.

ASG Law specializes in maritime and labor law. Contact us or email hello@asglawpartners.com to schedule a consultation and ensure your rights are protected.