A seafarer is entitled to total permanent disability benefits if the company-designated physician (CDP) fails to issue a valid, final, and definite medical assessment as contemplated by law. This was the ruling of the Supreme Court in the case of Fleet Ship Mgt Services Phils Inc vs. Alejandro Lescabo (G.R. No.
A seafarer is entitled to total permanent disability benefits if the company-designated physician fails to issue a valid, final, and definite medical assessment as contemplated by law.
A final, complete, and definitive disability assessment is important in order to truly reflect the extent of the illness or injuries of the seafarer and his capacity to resume his sea duties. First, the medical assessment is deemed incomplete because only pneumonia and acid peptic disease indicated a “medical conclusion,” which, respectively, were “resolved” and “treated” but not his other medical condition that was also included in his initial diagnosis. The seafarer would have been left to guess whether his hyponatremia was also resolved.
Instead of extending the treatment to 240 days as sanctioned by law, the CDP chose to abruptly end any kind of medical attention due him, which resulted in a baseless finding that he was then already fit to work. Finally, there is no valid, final, and definite assessment since the seafarer was not duly and properly informed by the company-designated physician of his assessment. The final report was sent only via the seafarer’s wife’s Facebook Messenger account.
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