Seafarers' Rights: Employer's Duty to Provide Post-Repatriation Medical Care

The Supreme Court recently clarified the rights of Filipino seafarers who suffer injuries or illnesses during their employment. In Murillo v. Philippine Transmarine Carriers, Inc. (G.R. No. 221199, August 15, 2018), the Court ruled on the mandatory procedure for resolving disputes over disability assessments and affirmed the employer's continuing obligation to provide medical care after repatriation.

The Case of Geminiano Murillo

Geminiano Murillo was an able seaman who signed an eight-month contract with Norwegian Crew Management A/S through its Philippine manning agent, Philippine Transmarine Carriers, Inc. While securing a lifeboat on January 12, 2013, he sustained an injury affecting both knees. He was diagnosed with osteoarthritis in Indonesia and repatriated for medical reasons on January 29, 2013.

Upon returning to the Philippines, Murillo was referred to the company-designated physician at Metropolitan Medical Center, who performed surgery and prescribed physical therapy. On August 8, 2013, the company physician assessed his disability as "Grade 10 x 2 – stretching leg or ligaments of a knee." Two days later, Murillo's personal physician declared him permanently unfit to resume sea duties.

When the parties failed to settle, Murillo filed a complaint for disability benefits. The Labor Arbiter ruled in his favor, awarding US$90,000 plus allowances and attorney's fees. The NLRC affirmed this decision. However, the Court of Appeals reversed, dismissing the complaint entirely for prematurity because Murillo failed to refer the conflicting medical opinions to a third doctor.

The Mandatory Third-Doctor Rule

The Supreme Court upheld the Court of Appeals on this point: the referral to a third doctor is mandatory under Section 20(B) of the POEA Standard Employment Contract (POEA-SEC). This provision states that if a doctor appointed by the seafarer disagrees with the company-designated physician's assessment, a third doctor may be jointly agreed upon, and the third doctor's decision shall be final and binding on both parties.

The Court cited its earlier rulings in Philippine Hammonia Ship Agency, Inc. v. Dumagdag (712 Phil. 507 [2013]) and Formerly INC Shipmanagement, Inc. v. Rosales (744 Phil. 774 [2014]) to emphasize that a seafarer who disagrees with the company physician's assessment must not pre-empt the mandated procedure by filing a complaint based solely on his chosen doctor's opinion. Failure to seek referral to a third doctor constitutes a breach of the POEA-SEC, making the company-designated physician's assessment final and binding.

The Employer's Continuing Obligation

The Court found reversible error, however, in the Court of Appeals' complete dismissal of the complaint. While the appellate court credited the company physician's assessment over the seafarer's personal doctor, it inadvertently ruled that Murillo was entitled to no disability benefits at all.

The Supreme Court clarified that the employer's duty to provide medical care does not end upon repatriation. Under Section 20(B) of the POEA-SEC, if a seafarer still requires medical attention after repatriation, the employer must provide it at its cost until the seafarer is declared fit or the degree of disability is established by the company-designated physician.

Since the company physician found that Murillo suffered from a Grade 10 disability in both knees, the Court computed his entitlement under the POEA-SEC's Schedule of Disability Allowances. A Grade 10 impediment corresponds to 20.15% of US$50,000.00, or US$10,075.00 per knee. For both knees, Murillo was entitled to US$20,150.00.

Practical Takeaways

• Seafarers who disagree with a company-designated physician's assessment must request referral to a third doctor. This is a mandatory procedure, not an option.
• Filing a complaint without exhausting this procedure may result in the company physician's assessment becoming final and binding.
• The employer's obligation to provide medical care continues after repatriation until the seafarer is declared fit or the disability is assessed.
• A disability grading from the company physician, even if disputed, still entitles the seafarer to the corresponding benefits under the POEA-SEC.
• Seafarers should document all medical consultations and assessments to protect their rights.

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