CASE DIGEST: Tulabing v. MST Marine Services

 

RICKY B. TULABING, petitioner, vs. MST MARINE SERVICES (PHILS.), TSM INTERNATIONAL, LTD.,  TSM INTERNATIONAL, LTD., and/or CAPT. ALFONSO R. DEL CASTILLO, respondents

G.R. No. 202113                |              June 6, 2018

FACTS:

On August 23, 2008, MST employed Tulabing as GP2 Wiper for the vessel M/T Champion for a period of 9 months. On September 13, 2007, Tulabing embarked on his voyage onboard M/T Champion and commenced the performance of his duties pursuant to his Contract.

Sometime in January 2008, while on duty, Tulabing felt a sudden on his back which was followed by a severe pain and numbness of the left side of his body. He was referred to a physician in Brazil for medical evaluation and was given medicine. Initially, the medicine accorded Tulabing some relief from the pain but eventually his condition aggravated and radiated to his left shoulder and upper extremities.

Subsequently, Tulabing complained of chest pain, hence, he was referred by the vessel master to Dr. Voorsluis of the Medical Centre for Seamen in Amsterdam, Netherlands for medical examination. Dr. Voorsluis diagnosed him of cervical neuralgia and prescribed him oral medication therefor. He was declared unfit to work for four days with the recommendation that should his medical condition fail to improve, he should be repatriated back to the Philippines. On June 13, 2008, Tulabing was repatriated back to the Philippines.

On June 17, 2008, Tulabing reported to Dr. Nicomedes Cruz, the company-designated physician for medical evaluation. Dr. Cruz confirmed Dr. Voorsluis’ diagnosis. Dr. Cruz ordered an X-Ray of Tulabing’s cervical spine and referred him to an orthopedic surgeon for specialized examination and further examination.

Tulabing underwent physical rehabilitation from October to December of 2008 under the medical attention of specialist Dr. Reynaldo Matias. On the basis of Dr. Matias’ evaluations, Dr. Cruz gave Tulabing a disability grading of Grade 10.

On July 20, 2009, Tulabing filed with the NLRC a complaint against MST for payment of permanent total disability benefits. Tulabing claimed that his disability was of such nature that no amount of medication or therapy can restore him to his former physical condition and enable him to resume his customary work and that based on medical findings, the severity of his disability rendered remote and uncertain the possibility of his future employment for overseas work.

MST denied liability on the ground that under the provisions of his employment contract and the NIS-CBA, a seafarer is only entitled to claim maximum disability compensation of US$70,000.00 if the company-designated physician declares him to be suffering from Grade 1 disability.

During the pendency of his appeal with the NLRC, Tulabing consulted orthopaedic surgeon Dr. Alan Leonardo Raymundo who diagnosed him of cervical neuropraxia and declared him unfit for resumption of duty.

ISSUE:

Whether or not the final assessment of the company-designated physician should be given weight and credence

RULING:

The only instance when the assessment of a company-designated physician may be challenged is when the seafarer likewise consulted with his personal physician who issued a different assessment. The conflicting assessments shall be settled by referring the matter to a neutral third-party physician, whose assessment shall be final and binding.

Tulabing only sought a second opinion and consulted Dr. Raymundo when the LA decided against his claim of full disability benefits. In fact, his appeal was already pending with the NLRC when such consultation was made. This move on Tulabing’s part appears to be nothing but a mere afterthought given the length of time that has already passed since Dr. Cruz’s final assessment.

There is no question that Tulabing’s disability was due to an injury he sustained while engaged in the performance of his work as MST’s employee. Under the provisions of the parties’ NIS-CBA, the maximum disability compensation that may be paid to an employee is US$70,000.00. Award of this maximum amount, however, presupposes a disability grading of “1” or permanent and total disability. In the case at bench, the company-designated physician gave Tulabing a final and definite assessment of Grade 10 disability only.

Although the Court has always been vigilant in ensuring that the rights of seafarers are protected, it is likewise keen in upholding labor laws. The entitlement of an overseas seafarer to disability benefits is governed by (1) the law, (2) the employment contract, and (3) the medical findings of the company-designated physician.