Tabaosares v. Barko International
REITERATIONFacts
The Antecedents: Petitioner Roque T. Tabaosares was hired as a No. 1 oiler for a nine-month contract. While onboard, he slipped and fell off the stairs, sustaining an injury to his left shoulder and thigh. He reported the injury and was diagnosed with "left burner fracture (greater tuberosity)". He was medically repatriated and underwent treatment, including casting and physical therapy sessions, as recommended by the company-designated physician, Dr. Ryan Carlo R. Talosig. Dr. Talosig issued an interim disability assessment of Grade 11 on July 8, 2014, and recommended further treatment and re-evaluation. Petitioner completed multiple sets of physical therapy sessions. On November 17, 2014, he completed his third set of PT sessions and was advised to report for re-evaluation on November 18, 2014. However, he failed to appear for the scheduled re-evaluation. Procedural History: Petitioner filed a complaint for total and permanent disability benefits, sickness allowance, damages, and attorney's fees. The Office of the Voluntary Arbitrator (OVA) declared respondents liable for differential sickness allowance and permanent partial disability benefits equivalent to Grade 11, but denied total and permanent disability benefits. The Court of Appeals (CA) affirmed the OVA ruling, finding petitioner guilty of medical abandonment and sustaining the denial of permanent and total disability benefits. The Petition: Petitioner seeks review of the CA decision, arguing that the CA committed reversible error in finding him not entitled to total and permanent disability benefits.
Issue(s)
Whether the Court of Appeals committed reversible error in finding that petitioner is not entitled to total and permanent disability benefits, and whether petitioner is guilty of medical abandonment. Whether petitioner can rely on a personal physician's assessment without a prior assessment from the company-designated physician. Whether petitioner is entitled to damages, attorney's fees, and legal interest.
Ruling
The Supreme Court denied the petition and affirmed the decision of the Court of Appeals with modification, stating that the monetary awards due to petitioner shall earn legal interest at the rate of 6% per annum from finality of the decision until full payment.
Ratio Decidendi
On the issue of entitlement to total and permanent disability benefits and medical abandonment: The Court reiterated the rules governing a seafarer's claim for total and permanent disability benefits, emphasizing the 120-day period for the company-designated physician to issue a final assessment, which can be extended to 240 days with sufficient justification. In this case, the extension was justified as the petitioner was still undergoing treatment and rehabilitation. The Court found petitioner guilty of medical abandonment for failing to report for the scheduled re-evaluation on November 18, 2014, which was within the 240-day period. This failure prevented the company-designated physician from issuing a final and definite disability rating. The Court stressed that a seafarer's duty to comply with medical treatment and attend scheduled re-evaluations is crucial; failure to do so can lead to the forfeiture of disability benefits. The petitioner's claim of financial incapacity was unsubstantiated and did not overcome the evidence presented. On the reliance on personal physician's assessment: The Court held that a seafarer cannot rely on the assessment of his personal physician without the company-designated physician having issued a definite declaration on the seafarer's condition. The POEA-SEC procedure requires that the company-designated physician's assessment be obtained first. Petitioner's failure to observe this procedure was a sufficient ground for the denial of his claim for permanent total disability benefits. On the award of damages and attorney's fees and legal interest: The Court denied petitioner's claim for damages and attorney's fees, finding that respondents were not guilty of bad faith since the petitioner's failure to appear for re-evaluation prevented the determination of his condition. The Court reiterated that while it favors labor, it cannot grant claims based on whims or caprices when the evidence negates compensability. The Court modified the monetary awards to earn 6% legal interest per annum from finality of the decision until full payment, in accordance with prevailing jurisprudence.
Main Doctrine
A seafarer commits medical abandonment when he fails to complete his treatment before the lapse of the 240-day period, which prevents the company physician from declaring him fit to work or assessing his disability. Medical abandonment by a seafarer carries with it serious consequences, including the forfeiture of his right to claim disability benefits.