Sea Power Shipping Enterprises v. Comendador
REITERATIONFacts
The Antecedents: Respondent Ferdinand S. Comendador was employed as an Ordinary Seaman. While on duty, he was hit by a metal cable wire that snapped, causing him to lose consciousness and experience severe waist pain. He was repatriated on September 16, 2013, after experiencing prolonged pain and swelling due to abscesses. He was referred to Dr. Jose Emmanuel F. Gonzales, the company-designated physician, who found a "huge hematoma formation over his inguinal area" and advised confinement for possible drainage. Comendador underwent surgery for abscess drainage. On November 6, 2013, Dr. Gonzales issued a final medical report declaring Comendador "Fit to Resume Sea Duties" and Comendador signed a "Certificate of Fitness for Work." However, Comendador continued to experience pain and difficulty in ambulating. An MRI scan on February 14, 2014, revealed "subcutaneous and intramuscular abscess formations with fistulous tracts," as well as "intraosseous and paravertebral abscess formations x x x with involvement of the left iliopsoas muscle." Dr. Misael Jonathan A. Tieman issued a "Disability Report" stating Comendador suffers from permanent disability and is unfit to work as a seaman. Procedural History: Comendador filed a complaint for disability and medical benefits. The Labor Arbiter (LA) dismissed the complaint for lack of merit, upholding Dr. Gonzales' findings. The National Labor Relations Commission (NLRC) reversed the LA's decision, granting Comendador disability benefits, sick wage allowance, and attorney's fees, finding Dr. Tieman's examination more thorough. The Court of Appeals (CA) affirmed the NLRC's decision, ruling that the NLRC did not commit grave abuse of discretion and that the circumstances justified the award of disability claims. The Petition: Petitioners sought to reverse the CA's decision, arguing that Comendador had no cause of action at the time of filing, that the company-designated physician cleared him and he acknowledged it via the Certificate of Fitness for Work, that his appointed physicians' reports were not comprehensive, and that he failed to comply with the mandatory third-doctor-rule.
Issue(s)
Whether Comendador had a cause of action at the time he filed his complaint. Whether the company-designated physician's assessment of fitness to work was valid and binding. Whether the third-doctor-rule was mandatory in this case. Whether the Certificate of Fitness for Work executed by Comendador bars his claim.
Ruling
The Petition is denied. The Decision of the Court of Appeals is affirmed.
Ratio Decidendi
On the cause of action: The Court found that Comendador had a cause of action at the time he filed his complaint because the company-designated physician's assessment was premature and not definitive. The MRI results provided objective findings contrary to the company physician's assessment, establishing a basis for his claim. On the validity of the company-designated physician's assessment: The Court held that the company-designated physician's declaration of fitness to work was premature and invalid. Dr. Gonzales' examination was limited to the physical assessment of the wound, failed to probe further into the internal medical state, and was issued while Comendador was still undergoing therapy. The MRI results, which revealed ongoing abscess formations, contradicted the company physician's findings of a healed wound and asymptomatic condition. On the applicability of the third-doctor-rule: The Court ruled that the third-doctor-rule was not applicable in this case because the assessment made by the company-designated physician was not valid. The rule presupposes a valid, final, and definite assessment from the company-designated physician. Since Dr. Gonzales' assessment was premature and lacked finality, there was nothing for Comendador to contest through a third doctor, and the law stepped in to characterize his disability as total and permanent. On the Certificate of Fitness for Work: The Court set aside the Certificate of Fitness for Work signed by Comendador, stating that it was a pro-forma document prepared by the petitioners. Comendador, not being a medical expert, could not assent to the medical findings within the certificate. The Court reiterated the principle that doubts in controversies between a laborer and his master should be resolved in favor of the laborer, consistent with the State's policy of giving maximum aid and protection to labor.
Main Doctrine
Without a valid final and definitive assessment from the company-designated physician, a seafarer's temporary and total disability, by operation of law, becomes permanent and total. The third-doctor-rule is not applicable when the company-designated physician's assessment is invalid.