NextGen Day

The Court of Appeals (CA) has upheld a US$60,000 (about PHP3 million) award of complete permanent and total disability payments to a Filipino seafarer who was ruled unable to work by his company’s doctors in 2018 due to a medical issue.

The CA’s Ninth Division affirmed the arbitrator’s November 4, 2020, finding in favor of seafarer Artemio G. Oberes Jr. in a 12-page decision just made public and said parties may seek a third opinion from a physician in such instances.

Oberes’ employer, Magsaysay Maritime Corp. (MMC), failed to send his condition to a third doctor despite Oberes’ request, according to the CA, and the company-designated physician’s assessment is not binding.

The CA pointed out that the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) does not stipulate a time limit for the parties to obtain a third doctor’s opinion, and that they can do so even during the necessary conference before the labor tribunals.

“As a result of Oberes’ intent to challenge the company doctor’s conclusions, MMC now bears the duty of referring the case to a third doctor.” Oberes can no longer be blamed for the non-referral because the corporation failed to do so. As a result, the court stated that “the company-designated doctors’ assessment of Oberes’ incapacity is not binding.”

Oberes was disembarked and taken to a medical facility in Panama in January 2018, suffering from numerous joint pain. He was finally medically deported back to Panama, where he was diagnosed with seronegative rheumatoid arthritis.

He received a medical checkup on August 28, 2018, and doctors determined that, due to his condition, he was unfit to work as a seafarer.

Oberes requested a grievance hearing in November of that year to discuss the payment of his disability payments and the potential of being sent to a third doctor for an independent medical assessment.

He then filed for full disability benefits, claiming that his disability was caused by his job.

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