Guadalquiver v. Sea Power Shipping
Guadalquiver v. Sea Power Shipping
Guadalquiver v. Sea Power Shipping
DOCTRINE OF THE CASE: While a seafarer has the right to seek the opinion of other doctors, such right
may be availed of on the presumption that the company-designated doctor had already issued a definite
declaration on the condition of the seafarer, and the seafarer finds it disagreeable.
FACTS
Under a nine-month contract (with three-month extension), Sea Power Shipping Enterprise, Inc. (Sea Power),
in behalf of its principal, Mississauga Enterprises, Inc. (Mississauga), employed petitioner as Able Seaman to
work aboard the vessel M/V Dimi with a basic monthly salary of US$465.00, among other benefits. Petitioner's
contract was extended for two months. For which reason, the parties executed another contract on August 1,
2013.
Petitioner alleged that his work involved strenuous manual work of pushing, pulling, lifting and/or carrying
heavy objects. On August 30, 2013, he consulted a doctor in Egypt who diagnosed him with osteoarthritis.
On October 7, 2013, Dr. Gonzales (company-designated doctor) reported that after undergoing an MRI,
petitioner was diagnosed with lumbo-sacral muscle strain but there was no indication that surgery was needed.
On November 13, 2013, while petitioner was still undergoing therapy, Dr. Gonzales noted the great
improvement in petitioner's pain relief. Because of this progress, he assured petitioner that he could be given a
fit-to-work certification after six sessions of physical therapy. However, notwithstanding the assurance,
petitioner unjustifiably failed to report back to the company-designated physician. Dr. Gonzales gave petitioner
his final diagnosis of "Lumbo Sacral Muscle Strain with Myositis S/P Physical Therapy."
Meanwhile, petitioner admitted having consulted his physician-of-choice, Dr. Manuel Fidel M. Magtira (Dr.
Magtira), because his condition did not improve. He also declared that on February 13, 2014, Dr. Magtira
already declared him unfit to work at his previous occupation.
According to petitioner, he sought payment of disability benefits from his employer but to no avail. Thus, on
March 31, 2014, he filed a Complaint for permanent and total disability benefits and reimbursement of medical
expenses against Sea Power, Mississauga and/or Antoniette A. Guerrero, the President of Sea Power
(respondents).
On April 9, 2014, Dr. Gonzales gave him his final disability grade of "Grade 11 — Slight rigidity or one third
(1/3) loss of motion or lifting power of the trunk[.]"
The Labor Arbiter (LA) ordered respondents to pay jointly and severally permanent and total disability
benefits (US$60,000.00) as well as attorney's fees equivalent to 10% of the total monetary award in favor of
petitioner. On appeal, the NLRC affirmed in toto the LA Decision.
On May 23, 2016, the CA reversed and set aside the NLRC Decision and Resolution and, accordingly, ordered
Sea Power and Mississauga to jointly and severally pay petitioner income benefit for 202 days in the amount of
US$3,131.00 and partial disability benefit amounting to US$7,465.00 to be paid in Philippine Currency at the
exchange rate prevailing at the time of payment.
The CA decreed that petitioner was entitled to sickness allowance or income benefit for the period from his
repatriation until the date that the company-designated doctor issued his assessment on his condition. It further
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