Seafarers Disability Claim: Premature Filing and Abandonment of Treatment

The Supreme Court recently clarified the rules on seafarers' disability claims, emphasizing that filing a claim too early—and walking away from prescribed medical treatment—can cost a seafarer his right to permanent disability benefits. In Crown Shipping Services v. Cervas (G.R. No. 214290, July 6, 2021), the Court reversed awards of total permanent disability compensation, reinstating the Labor Arbiter's dismissal of the claim but granting financial assistance instead. The ruling is a crucial reminder for seafarers and their families: timing and compliance with treatment are not mere formalities—they are legal requirements.

The Facts of the Case

John P. Cervas was hired as an Able Seaman and boarded the MV Vectis Falcon in September 2012. During a lifeboat drill in rough seas, he injured his left leg. He was repatriated on January 23, 2013, and referred to the company-designated physician, who confirmed a fibular fracture and declared him unfit to work.

Cervas attended his follow-ups regularly. By April 15, 2013, x-rays showed bone growth, though he still felt tenderness. He was told to return on May 20, 2013. Instead, on May 2, 2013—just 99 days after repatriation—Cervas filed a complaint for total permanent disability benefits. He cited financial hardship, as his treatment was in Manila while he lived in Aklan.

The Legal Issue

The central question was whether Cervas's complaint was prematurely filed and whether his abandonment of treatment barred his claim for permanent disability benefits.

The Labor Arbiter dismissed the complaint, finding that only 93 days had lapsed from his first consultation to the filing of the case. The NLRC and the Court of Appeals reversed, granting Cervas US$60,000 in total permanent disability benefits. The Supreme Court, however, sided with the Labor Arbiter.

The 120/240-Day Rule Under the POEA-SEC

Under Section 20(A) of the 2010 POEA-SEC, the company-designated physician must issue a final, definitive assessment of the seafarer's fitness or disability within 120 days from repatriation. If more treatment is needed, this period may be extended to a maximum of 240 days, but only if the physician performs some significant act to justify the extension.

The Court summarized the rules:

1. The company-designated physician must issue a final assessment within 120 days.
2. If no assessment is given within 120 days without justifiable reason, the disability becomes permanent and total.
3. If no assessment is given within 120 days but there is sufficient justification (e.g., further treatment needed or the seafarer was uncooperative), the period extends to 240 days.
4. If no assessment is given within 240 days, the disability becomes permanent and total regardless of justification.

Why Cervas Lost His Claim

Cervas filed his complaint on the 99th day—before the 120-day period had even expired. The Court held that the employer had not yet been given the full period to assess his condition. By unilaterally stopping treatment, Cervas prevented the company physician from determining whether he could recover fully or what degree of disability, if any, he had.

The Court also noted that Cervas never requested reimbursement for travel or accommodation expenses, nor did he show that such a request was denied. His bare allegation of financial incapacity was not supported by clear and convincing evidence. Under Section 20(D) of the POEA-SEC, compensation is not payable when the injury or disability results from the seafarer's willful act or intentional breach of duties—and abandoning treatment can constitute such a breach.

The Role of Evidence

The Court stressed that a seafarer claiming permanent disability must provide substantial proof of incapacity. Cervas presented no medical report from a doctor of his choice, no evidence that he could no longer work, and no proof that his injury was permanent. His claim rested solely on his incomplete treatment, which was insufficient.

Still, recognizing the injury he suffered, the Court awarded P200,000.00 as financial assistance—a measure of social and compassionate justice, not a disability benefit.

Practical Takeaways

• Do not file a disability claim before the 120-day (or 240-day) period lapses. A premature filing can defeat the claim entirely.
• Complete your medical treatment with the company-designated physician. Abandoning treatment can forfeit your right to disability benefits.
• If you cannot attend check-ups due to financial constraints, document it. Seek approval for travel and accommodation reimbursement, and keep evidence of any denial.
• Gather proof of your disability. A claim needs substantial evidence—medical reports, doctor's opinions, or other records—not just assertions.
• Understand the difference between disability benefits and financial assistance. The latter is discretionary and much smaller than statutory disability compensation.

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