SUPREME COURT RULES AS DEFINITIVE A FINAL ASSESSMENT WHICH STATES EITHER THE FITNESS OR EXACT DISABILITY RATING

Seafarer was hired as a waiter on-board a passenger ship during which he suffered a shoulder injury. He underwent treatment under the company-designated physician (CDP) for "Rotator Cuff Tear, right" and underwent arthoscopic rotator cuff repair. After having completed the surgery and physical therapy sessions, the CDP issued to him a grade 9 disability assessment (Ankylosis of one shoulder, the shoulder blade remaining mobile).
 
Subsequently, the seafarer consulted his own doctor who diagnosed him to be partially and permanently disabled and unfit to work as a seafarer. The seafarer filed a claim before the NLRC and the Labor Arbiter awarded full disability benefits under the CBA (US$85,000) as the final assessment issued by the CDP was made after 146 days of treatment and there was no justification to extend the same beyond 120 days. 
 
On appeal, the NLRC reversed the Decision of the Labor Arbiter and limited the award to US$13,060 disability benefits based on the grade 9 assessment of the CDP.  The NLRC was affirmed by the Court of Appeals. Upon reaching the Supreme Court, the award of US$13,060 was sustained.
 
Sufficient justification to extend the treatment beyond 120 days
 
In a long line of jurisprudence, the Court has consistently recognized that the seafarer's undergoing treatment and evaluation by the CDP constitutes a sufficient justification to extend the 120-day period.   As such, the mere lapse of the 120-day period does not automatically render the disability of the seafarer permanent and total. The period may be extended to 240 days should the circumstances justify the same.
 
In this case the CDP issued the final assessment only after 146 days of treatment. However, it was clear that during the interim that seafarer was under continuous physical therapy. Indeed, seafarer was required to undergo, and in fact underwent further physical therapy sessions and follow up consultations.  His continuing treatment constitutes sufficient justification for the issuance of a final assessment beyond 120 days.
 
CDP issued final and valid final medical assessment
 
The assessment issued by the CDP was final and definitive.  A final assessment is one which states either the fitness of the seafarer to work or the seafarer's exact disability rating, and which should no longer require any further action on the part of the CDP.  
 
In this case, the medical assessment issued by the CDP is considered final, definitive and binding because apart from declaring the seafarer to be suffering from "Shoulder and Arm, ankylosis of one (1) shoulder, the shoulder blade remaining mobile, the physician categorically indicated that he was suffering from a grade 9 disability in accordance with Section 32 of the POEA Standard Contract. Furthermore, the Medical Report of the CDP stated that seafarer has completed the prescribed sets of physical therapy; his repeat MRI of the right shoulder showed no re-tear of the rotator cuff and biceps tendon; the surgical wound had healed well; and that "no further intervention" is required.

F.A. v. RCCL Crew Management, Inc. Royal Caribbean Cruise, Ltd. et al, G.R. No. 251663, Second Division. Attys. Aldrich del Rosario and Herbert Tria of DelRosarioLaw handled for vessel interests.

DEL ROSARIO VISITS SINGAPORE AND JAPAN

DelRosario’s Charles Dela Cruz, David Valencia and Jay Arthur Del Rosario visited P&I Clubs in Singapore. Thank you to UK Club, Swedish Club, Shipowners Club, Tokio Marine, NorthStandard, Gard, West of England, Skuld, Britannia, Steamship and Japan P&I for having us.
 
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