Should the final medical assessment of a seafarer timely issued by the company-designated physician (CDP) be complete and definite?
YES. And this is the story.
On January 30, 2018, Charlie Lazo (Charlie) boarded the cruise vessel MV “AZAMARA QUEEN” as a kitchen staff to do food preparation and kitchen sanitation.
But after a few months, Charlie experienced skin itching which progressed into painful skin rashes and blisters on his hands and other parts of his body. He was referred to a shore physician/dermatologist where he was diagnosed with allergic dermatitis.
Charlie was subsequently medically repatriated to the Philippines for further treatment.
He was diagnosed with contact dermatitis with secondary bacterial infection by the CDP. He underwent post-employment medical evaluations and treatments.
Due to his persistent rashes, Charlie was constrained to consult a dermatologist. And he was diagnosed with hand dermatitis RIO allergic contact dermatitis and was declared ‘UNFIT for duty at the time of the examination.’
On January 17, 2019 or 151 days from repatriation, the CDP issued a Final Medical Report with the following final diagnosis:
“ x x x.
Final Diagnosis:
–Nummular Eczema
–s/p 3 sessions of Intraseional Steroid Injection, right and left leg (December 13, 2018).”
On 18 March 2019, Charlie filed a complaint with the National Labor Relations Commission (NLRC) for permanent and total disability benefits.
The Labor Arbiter (LA) dismissed the complaint of Charlie in the absence of a third doctor opinion, as the findings of the CDP were considered final and binding.
The NLRC affirmed the findings of the LA.
The CA upheld the decision of the NLRC stating that the CDPs medical assessment was valid, final, and definitive vis-à-vis Charlie’s medical condition as assessed by the doctor he consulted in a single examination and existing medical records.
In the Supreme Court, Charlie maintained that the assessment of the CDP was not final and binding. The MV “AZAMARA QUEEN” insisted that the assessment of the CDP was final and binding as Charlie failed to refer the conflicting findings to a third doctor.
But the SC ruled in the following tenor:
“ x x x.
Surely, in its Final Report, ___________ failed to provide any declaration as to petitioner’s capacity to return to work, nor any categorical and final degree of his disability.
x x x.
___________ failed to issue the final and definitive medical assessment required by law. Records are bereft of any proof that respondents informed petitioner of ___________ final and definite assessment within the prescribed periods. In fact, the Final Report was addressed to the Crew Medical Case Manager of ___________, rather than petitioner. Neither is there allegation or proof that a copy of said report was furnished to petitioner.
The lack of conclusive and definitive assessment from respondents’ CDP left petitioner nothing to properly contest. In other words, since there was no valid, final and definite assessment by ___________, there is no need for petitioner to initiate the referral to a third doctor for him to be entitled to permanent disability benefits. It was by operation of law that petitioner became permanently disabled. x x x.”
Hence, it is important to remember that the final medical assessment timely issued by the CDP must include a definitive declaration as to the capacity of the seafarer to return to work, or at least a categorical and final degree of seafarer’s disability and the same be furnished to the seafarer.
Next story please. And stay safe.
For questions or comments, email the writer at atty.joeytbanday@gmail.com.
