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The Supreme Court (SC) upheld the decision of the Court of Appeals (CA) to deny a seafarer’s permanent disability claim worth $60,000 (Php 3,270,510).

Based on the nine-page resolution made public early this month, the tribunal said Edward Caranto prematurely filed for permanent disability in 2014. He filed the claim just before the treatment period for a swollen right foot ended.

Caranto sustained the injury after falling into a sewer while performing his duties. He underwent surgery and multiple physical therapy sessions. An orthopedic specialist had deemed him unfit to return to sea duty.

He then filed a claim with the labor arbiter, which ordered Seacrest Maritime Management, Inc., his employer, to pay him $60,000 in disability benefits and plus legal fees.

Seacrest appealed the decision to the National Labor Relations Commission (NLRC), which affirmed the benefits.

The SC ruling stated that “It was only after the filing of his complaint in court that he sought the opinion of his physician of choice.”

The tribunal noted that even if the personal doctor deemed him unfit to return to duty, he did not obtain an assessment from a company-approved doctor.

Under the Philippine Overseas Employment Agency’s (POEA) regulations, an injured worker has a treatment period of 240 days if a company-approved physician fails to give an assessment of the injury sustained.

Only a physician chosen by the employer has the authority to determine if a worker sustained permanent disability during employment.

Seafarers may also consult their own physician for a second opinion, and a third in case of conflicting assessments between the two doctors.

Meanwhile, the CA reduced the amount awarded to Caranto to Php 26,477, finding that he was only entitled to unpaid sickness allowance because he filed the claim before permanent disability could be determined.

“Clearly then, petitioner had no cause of action to support his claim for total and permanent disability,” the SC said.

“So, even if his orthopedic specialist found petitioner unfit to return to sea duty, the lack of a previous assessment from the company-designated physician, coupled with petitioner’s belated consultation with his choice of physician, denied him the right to seek a total disability claim with this court.”