Protecting Seafarers' Permanent Partial Disability and the Right to Compensation

The Supreme Court, in Maersk Filipinas Crewing, Inc. v. Joselito R. Ramos (G.R. No. 184256, January 18, 2017), affirmed that a seafarer who suffers a permanent partial disability is entitled to disability compensation—even if the injury is curable or not explicitly listed in the POEA Standard Employment Contract. The ruling protects seafarers by ensuring that disability benefits are liberally construed in their favor.

The Facts of the Case

Joselito Ramos was employed as an able seaman by Maersk Filipinas Crewing, Inc. and Maersk Co. IOM, Ltd. for a four-month contract. While on board the vessel M/V NKOSSA II, a screw hit his left eye. He was repatriated to Manila and referred to the company-designated physician, who diagnosed him with "corneal scar and cystic macula, left, post-traumatic."

Ramos underwent surgery and follow-up check-ups. The company physician later reported that while his left eye could no longer be improved by medical treatment, he could return to duty with the left eye disabled by 30%. The company paid his 120-day illness allowance but rejected his demand for disability benefits.

The Procedural Issues

The case involved two procedural questions. First, whether Ramos' counsel was authorized to represent him after the labor arbiter rendered its decision. The Court held that under Section 21, Rule 138 of the Rules of Court, an attorney is presumed to be properly authorized to represent a client. A mere denial of authority, especially after an adverse judgment, is insufficient to overcome this presumption.

Second, whether Ramos perfected his appeal to the NLRC on time. His counsel's messenger arrived at the NLRC office at 4:00 p.m. on the last day of the appeal period, only to find the office closed early because of a jeepney strike. The Court ruled that it was not Ramos' fault, and he should be given until the next working day to perfect his appeal.

The Substantive Issue: Permanent Partial Disability

The central issue was whether Ramos was entitled to disability compensation despite the company physician certifying him fit to work. The Court ruled in his favor.

The Court reiterated that disability refers to the loss or impairment of earning capacity, not merely the injury or pain. Under Section 2(c) of Rule VII of the Amended Rules on Employees' Compensation, a disability is partial and permanent if the employee suffers a permanent partial loss of the use of any part of the body.

The Court noted that the company physician admitted Ramos' left eye could no longer be improved by medical treatment and was permanently disabled by 30%. Even though Ramos later underwent cataract extraction and his vision improved with correctional glasses, the Court held that the curability of the injury does not preclude an award for disability. It is enough that the injury incapacitates the seafarer from performing his customary work.

The POEA Schedule of Disabilities Is Not Exclusive

The petitioners argued that the POEA Standard Employment Contract only provides compensation for at least 50% loss of vision in one eye. The Court rejected this argument, holding that the schedule of disabilities under Section 32 is not exclusive. Section 20.B.4 of the same contract provides that illnesses not listed are disputably presumed as work-related.

Applying the schedule, the Court found that Ramos' 30% loss of vision corresponded to Grade 12 impediment, entitling him to 10.45% of the maximum rate. Under the applicable CBA, this amounted to US$6,270.00.

Practical Takeaways

• Disability is about earning capacity, not just physical injury. A seafarer may be entitled to compensation even if the injury is curable or the seafarer can still work.
• The POEA disability schedule is not exhaustive. Injuries not explicitly listed may still be compensable.
• Procedural rules may be relaxed in favor of seafarers. Courts may allow appeals filed late due to circumstances beyond the seafarer's control.
• A lawyer's authority to represent a client is presumed. A party cannot easily disavow counsel's actions after an adverse judgment.
• The company physician's own admission can establish disability. If the company-designated physician certifies a permanent impairment, this may support a disability claim.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.