When a Company Doctor's Delay Makes a Seafarer's Disability Total and Permanent

A Timely Medical Assessment Matters

For Filipino seafarers, the medical assessment issued by the company-designated physician is often the single most important document in a disability claim. It determines whether an injured worker receives full permanent disability benefits or a reduced amount based on a disability grade. The Supreme Court's 2021 ruling in Salonga v. Solvang Philippines, Inc. (G.R. No. 229451) clarifies what happens when that physician misses the legal deadline—and why the consequences can be severe for the employer.

The Case: A Chief Steward's Unbearable Pain

Abner Salonga worked as Chief Steward for Solvang Philippines, Inc. on the vessel MN Clipper Hebe. In July 2012, while carrying newly issued provisions on board, he suddenly felt pain in his neck and back. He ignored it and continued working, but the pain worsened—severe back and neck pains every night, accompanied by high fever and numbness in both arms and legs.

By October 2012, Salonga could no longer bear the pain. He approached the vessel's Master for help. A hospital visit in Indonesia yielded no doctor. In November 2012, he was examined in Bangkok, Thailand, where he was diagnosed with cervical and lumbar spondylosis. Despite the pain, he returned to his duties. Eventually, he requested medical repatriation and returned to the Philippines on January 12, 2013.

The next day, Salonga reported to his employer and was referred to the Metropolitan Medical Center. Tests revealed cervical spondylosis and significant lumbar spine conditions. The company-designated physician, however, refused to issue a disability assessment. Salonga then consulted an independent orthopedist, Dr. Allan Leonardo Raymundo, who found he was no longer fit to return to work.

The company-designated physician allegedly issued interim and final disability ratings—Grades 8 and 12—but the final assessment was dated May 23, 2013, exactly 130 days after Salonga reported to his employer.

The Legal Issue: 120 Days or 240 Days?

The central question: Was Salonga entitled to total and permanent disability compensation because the company-designated physician failed to issue a definite medical assessment within the required period?

The POEA Standard Employment Contract (POEA-SEC), which is incorporated into every seafarer's contract, requires the company-designated physician to issue a final medical assessment within 120 days from the time the seafarer reports to the employer. This period may be extended to 240 days if there is a justifiable reason—such as the need for further medical treatment or the seafarer's uncooperativeness.

The Supreme Court's Ruling

The Court ruled in Salonga's favor, laying down the governing rules clearly:

1. The company-designated physician must issue a final medical assessment within 120 days from the seafarer's report.
2. If the physician fails to do so without justifiable reason, the disability becomes permanent and total by operation of law.
3. If the physician fails within 120 days but has sufficient justification, the period extends to 240 days—and the employer bears the burden of proving that justification.
4. If the physician still fails to assess within 240 days, the disability becomes permanent and total regardless of any justification.

In Salonga's case, the 120th day fell on May 13, 2013. The company-designated physician issued his alleged final assessment only on May 23, 2013—ten days late—without offering any justification for the delay. The Court found no evidence that a final medical assessment was actually issued within the required period. The non-presentation of the May 23, 2013 medical report was fatal to the employer's cause.

Third-Doctor Referral: Not a Fallback

The employer argued that because the parties did not jointly seek a third-doctor opinion, the company-designated physician's grading should prevail over the seafarer's doctor of choice. The Supreme Court rejected this argument, citing Carcedo v. Maine Marine Philippines, Inc.: if there is no final disability assessment within the 120 or 240-day period, the third-doctor referral provision simply finds no application.

The Compensation: POEA-SEC, Not the CBA

The Court also addressed the amount of compensation. The Collective Bargaining Agreement (CBA) between the employer and its employees provided for US$110,000 in disability benefits for officers. However, that CBA was valid only until December 2011—before Salonga's employment contract began in April 2012. The Court held that Salonga was entitled to US$60,000 under the POEA-SEC, not the higher CBA amount.

The Court also awarded attorney's fees under Article 2208(8) of the Civil Code, plus legal interest at 6% per annum from the finality of the decision.

Practical Takeaways

• The 120-day rule is strict. A company-designated physician must issue a final, definitive assessment within 120 days from the seafarer's report. Missing this deadline—even by ten days—can convert a partial disability into a total and permanent one.
• Extensions require proof. If the physician needs more time, the employer must prove a justifiable reason. The burden is on the employer, not the seafarer.
• A final assessment must be documented. An alleged assessment that cannot be produced in evidence is no assessment at all. Employers must ensure medical reports are complete, definite, and properly issued.
• Third-doctor referral is not a cure-all. If the company physician misses the deadline, the seafarer's doctor of choice may be given weight—the third-doctor provision does not apply.
• Know which contract governs. Benefits depend on the POEA-SEC and any applicable CBA. A CBA that expired before the seafarer's employment will not apply.

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