Held
Yes, the Labor Arbiter’s ruling is correct under the rules in Salonga v. Solvang Philippines, G.R. No. 229451 (2021-02-10).
Explanation
The law requires that when a seafarer is repatriated due to injury or illness, the company-designated physician must issue a final and definitive medical assessment of the seafarer's disability within 120 days from the time the seafarer reports for medical treatment. If the physician fails to issue this assessment within 120 days without justifiable reason, the seafarer's disability is deemed permanent and total by operation of law, entitling the seafarer to total and permanent disability benefits. However, if there is a sufficient justification—such as the need for further medical treatment or the seafarer's uncooperativeness—the period for diagnosis and treatment may be extended to 240 days. The employer bears the burden of proving that such justification exists. If the physician still fails to issue the final assessment within 240 days, the disability becomes permanent and total regardless of justification.
The assessment must be final and definitive to properly reflect the seafarer's condition and capacity to work. The failure to issue a timely and final assessment within the prescribed period results in the disability being considered permanent and total by law.
Application to the facts
Bruno reported for medical treatment immediately upon repatriation on December 2, 2024. The company-designated physician determined that Bruno required further medical treatment, which may justify extending the assessment period to 240 days under the rules. However, the final disability rating was issued only on August 3, 2025, which is beyond the 240-day maximum period allowed from the time Bruno reported for treatment. The sources require the employer to prove sufficient justification for any extension, but regardless of justification, if the assessment is not issued within 240 days, the disability is deemed permanent and total by operation of law.
Since the company-designated physician failed to issue a final and definitive medical assessment within the 120-day period or even within the extended 240-day period, Bruno's disability is deemed permanent and total by operation of law. This entitles him to total and permanent disability benefits despite the physician’s belated rating. The Labor Arbiter correctly applied this rule in awarding Bruno the benefits.
Quiogue explained the rules governing a claim for total and permanent disability benefits: If the company-designated physician fails to give his assessment within the period of 120 days without any justifiable reason, then the seafarer's disability becomes permanent and total. If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (such as the seafarer requiring further medical treatment), then the period of diagnosis and treatment shall be extended to 240 days. If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer's disability becomes permanent and total, regardless of any justification. (Salonga v. Solvang Philippines, G.R. No. 229451)
"As pronounced above, the following requisites must be met in determining the seafarer's condition: (1) the assessment must be issued within the period of 120 or 240 days, as the case may be, from the time the seafarer reported to the employer upon repatriation; and (2) the assessment must be final and definitive."
The company-designated doctor is required to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days. Should the company doctor fail to do so and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled. (paraphrased from Salonga v. Solvang Philippines, G.R. No. 229451)
"The 120th day from January 13, 2013 being May 13, 2013, Dr. Chuasuan was required to arrive at a definite assessment of petitioner's fitness to work or disability on or before May 13, 2013. However, Dr. Chuasuan issued his alleged final assessment only on May 23, 2013 without giving any justification why petitioner's diagnosis and treatment extended beyond the 120-day period. Having established that Dr. Chuasuan failed to issue a final disability assessment of petitioner within the time frame required by law, his disability was indeed rendered permanent and total by operation of law."
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