Seafarer Disability Claims: Medical Abandonment and Its Consequences in the Philippines

The Supreme Court has long protected the rights of seafarers, who work under difficult and dangerous conditions far from home. But that protection has limits. In Tabaosares v. Barko International, Inc. (G.R. No. 244724, October 23, 2023), the Court clarified that a seafarer who abandons medical treatment may forfeit the right to claim total and permanent disability benefits. The ruling is a reminder that the seafarer's duty to cooperate with the company-designated physician is not optional—it is a condition for compensation.

The Case: An Injured Oiler and a Missed Appointment

Roque Tabaosares was hired as a No. 1 oiler for a nine-month contract onboard M/V Meridian. In March 2014, he slipped and fell while going to the engine room, injuring his left shoulder. He was medically repatriated and placed under the care of the company-designated physician, Dr. Ryan Carlo Talosig.

Over the following months, Tabaosares underwent multiple sets of physical therapy. In July 2014, Dr. Talosig issued an interim disability assessment of Grade 11—an inability to raise the arm more than halfway from horizontal to perpendicular—but noted that further treatment would depend on re-evaluation.

After completing his third set of therapy sessions on November 17, 2014, Tabaosares was told to report for re-evaluation the next day. The company even shouldered his plane ticket. He did not show up, refused to take calls, and never returned. The company later cancelled his illness benefits, citing his failure to report.

The Issue: Did the Seafarer Forfeit His Benefits?

The central question was whether Tabaosares was entitled to total and permanent disability benefits despite failing to complete his medical treatment and re-evaluation within the periods set by law and the POEA-SEC.

The Ruling: Medical Abandonment Has Serious Consequences

The Supreme Court denied the petition and affirmed the lower courts' rulings. The Court found Tabaosares guilty of medical abandonment—a seafarer's failure to complete treatment before the lapse of the 240-day extended period, which prevents the company physician from declaring him fit to work or assessing his disability.

The Court explained the governing rules on disability claims:

1. The company-designated physician must issue a final medical assessment within 120 days from the seafarer's report.
2. If no assessment is issued within 120 days without justifiable reason, the disability becomes permanent and total.
3. If the failure is justified—such as the seafarer needing further treatment or being uncooperative—the period extends to 240 days.
4. If no assessment is issued even within 240 days, the disability becomes permanent and total regardless of justification.

In this case, the extension was justified because Tabaosares's condition required ongoing therapy. He completed his third set of sessions on the 233rd day—still within the 240-day period. But by skipping the November 18, 2014 re-evaluation, he prevented the physician from issuing a final assessment before the period expired.

The POEA-SEC: A Seafarer's Duty to Cooperate

The Court cited Section 20(D) of the POEA-SEC, which provides that no compensation is payable for injury resulting from the seafarer's willful or criminal act or intentional breach of duties. The exact statutory text of this provision is not available in the ASG law library, but the ruling itself confirms this principle. A seafarer is duty-bound to regularly report to the company-designated physician and complete treatment until declared fit or given a disability rating. Re-evaluation is a significant part of treatment—it determines the seafarer's actual condition and whether further treatment is needed.

The Court also rejected Tabaosares's claim of financial incapacity. He failed to prove it, and the company had consistently paid his sickness allowance. Notably, the POEA-SEC provides for reimbursement of travel and accommodation expenses, but Tabaosares never showed he requested such approval or was denied it.

The Role of the Personal Physician

While a seafarer may seek a second opinion, that right assumes the company-designated physician has already issued a definite assessment. Without the company doctor's certification, the seafarer cannot rely on a personal physician's evaluation. Here, Tabaosares's personal doctor declared him unfit to work, but this could not substitute for the required company assessment.

Practical Takeaways

• Attend all scheduled check-ups and re-evaluations. Missing even one appointment can jeopardize a disability claim, especially if it falls within the 120- or 240-day periods.
• Document everything. If financial constraints prevent attendance, gather clear evidence—receipts, letters, or proof of denied requests for travel or accommodation reimbursement.
• Understand the 120/240-day rule. The company-designated physician has 120 days to issue an assessment, extendable to 240 days if justified. A seafarer who prevents the assessment within this window may lose benefits.
• A personal physician's opinion is not a substitute. The company-designated physician's assessment is the primary basis for disability claims under the POEA-SEC.
• Cooperate in good faith. The Court emphasized that while labor laws favor workers, "justice is in every case for the deserving." A seafarer who abandons treatment cannot expect full compensation.

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