ROGER V. CHIN v. MAERSK-FILIPINAS CREWING

FACTS:

Petitioner Roger V. Chin was hired as an Able Seaman by Maersk-Filipinas Crewing, Inc. and its officer Renel C. Ramos, on behalf of Maersk Line A/S. He was hired for a six-month contract on board the vessel MV Maersk Danube, allegedly covered by a Singaporean Organization of Seamen Collective Bargaining Agreement (SoS CBA). On October 2016, while performing his duties, petitioner experienced excruciating back pain and reported his condition to his superiors, requesting for medical consultation. Instead, he was recommended for medical repatriation and signed off from the vessel. Upon arrival in Manila, petitioner underwent post-employment medical examination and treatment and was diagnosed with Degenerative Disc Disease. He was later declared fit to work and signed a Certificate of Fitness for Work. However, on January 25, 2018, petitioner sought a second medical opinion from another physician who assessed him as "unfit for sea duty in whatever capacity." Petitioner then filed a notice to arbitrate with the National Conciliation and Mediation Board (NCMB) for disability benefits. After failing to settle the dispute, the parties agreed to undergo voluntary arbitration. The Voluntary Arbitrator (VA) dismissed petitioner's complaint, ruling that he was not entitled to permanent and total disability benefits. The VA considered that petitioner was declared fit to work by the company-designated physician and failed to present substantial evidence to prove work-relatedness of his illness. It also held that petitioner did not comply with the conflict resolution procedure under the Philippine Overseas Employment Administration - Standard Employment Contract (POEA-SEC) and that the vessel MV Maersk Danube was not covered by the SoS CBA.

ISSUES:

RULING:

PRINCIPLES:

  • The findings of the company-designated physician shall prevail in the absence of compliance with the conflict resolution procedure or a third doctor referral as mandated under the Philippine Overseas Employment Administration - Standard Employment Contract.

  • The medical assessment of another physician, based on a one-time consultation and a mere interpretation of the findings of the company-designated physician, may have no evidentiary weight.