G.R. No. 207507 , February 17, 2021
Doehle-Philman Manning Agency, Inc., Doehle (IOM) Limited, and Capt. Manolo T. Gacutan, Petitioners, vs. Jose N. Gatchalian, Jr., Respondent.

FACTS

Respondent Jose N. Gatchalian, Jr., a Chief Cook employed by petitioners, suffered a knee injury on board M/V Independent Endeavor in August 2006. He was medically repatriated on December 12, 2006, after undergoing surgery in Belgium. Upon repatriation, the company-designated physicians treated him and, on February 14, 2007, issued a final assessment declaring him “fit to work.” Almost two years later, on February 11, 2009, Jose filed a complaint for total disability benefits and sickness allowance. He supported his claim with a medical certificate dated May 18, 2009, from his personal physician, Dr. Angel Chua, diagnosing him with “Traumatic Arthritis” and assessing “permanent partial disability.” The Labor Arbiter and the National Labor Relations Commission (NLRC) dismissed his complaint, giving credence to the company doctor’s fit-to-work assessment. The Court of Appeals reversed the NLRC, granting Jose’s claim for permanent total disability benefits and sickness allowance, reasoning that his non-reemployment by petitioners after being declared fit to work contradicted the assessment and that his condition (traumatic arthritis) was work-related.

ISSUE

Whether the Court of Appeals erred in reversing the NLRC’s finding that Jose was properly declared fit to work by the company-designated physician and in awarding him permanent total disability benefits and sickness allowance.

RULING

Yes, the Court of Appeals erred. The Supreme Court granted the petition and reversed the CA’s decision. The Court held that there was no basis for Jose’s claim for total and permanent disability benefits. The company-designated physician’s fit-to-work assessment, issued within the 120-day period from repatriation, was binding as Jose failed to contest it by seeking a second opinion from a doctor of his choice and jointly appointing a third doctor, as required under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC). The medical opinion of Jose’s personal physician, rendered almost two years after the fit-to-work declaration and without the required referral process, could not override the company doctor’s assessment. Furthermore, Jose’s non-reemployment by petitioners did not prove his disability; the termination of his employment was a consequence of his medical repatriation under the POEA-SEC, and petitioners had no obligation to rehire him. Jose was not entitled to sickness allowance beyond the period he was actually paid, as he was declared fit to work within the 120-day period. The labor tribunals’ findings, which gave credence to the company doctor’s assessment, were reinstated.