Wallem v. Tanawan (G.R. No. 160444; August 29, 2012)

CASE DIGEST: WALLEM MARITIME SERVICES, INC., Petitioner, v. ERNESTO C. TANAWAN, Respondent. (G.R. No. 160444; August 29, 2012).

FACTS: Petitioner Wallem Maritime Services, Inc. (Wallem) engaged Ernesto Tanawan (Tanawan) as dozer driver assigned to the vessel, M/V Eastern Falcon, for a period of 12 months. On November 22, 1997, while Tanawan was assisting two co-workers in lifting a steel plate aboard the vessel, a corner of the steel plate touched the floor of the deck, causing the sling to slide and the steel plate to hit his left foot. He was brought to a hospital in Malaysia where his left foot was placed in a cast.

Following Tanawan's repatriation on November 28, 1997, his designated physician, Dr. Robert D. Lim, conducted the evaluation and treatment of his foot injury. Tanawan was initially evaluated on December 1, 1997. After undergoing several medical procedures, Dr. Lim pronounced him fit to work.

On August 25, 1998, Tanawan went to the clinic of Dr. Hernando Bunuan for a disability evaluation, not of his foot injury but of an eye injury that he had supposedly sustained while on board the vessel.

Thus, Tanawan filed a complaint for disability benefits for the foot and eye injuries. The Labor Arbiter (LA) ruled in favor of Tanawan. The NLRC reversed the LAs decision. On appeal to the CA, the CA reinstated the LAs decision. Hence, this petition.ISSUE: Is Tanawan entitled to disability benefits?

HELD: The pertinent provision of the 1996 POEA SEC, which was in effect at the time of Tanawan's employment, was Section 20(B). It is clear from the provision that the one tasked to determine whether the seafarer suffers from any disability or is fit to work is the company-designated physician. As such, the seafarer must submit himself to the company-designated physician for a post-employment medical examination within three days from his repatriation. But the assessment of the company- designated physician is not final, binding or conclusive on the seafarer, the labor tribunals, or the courts. The seafarer may request a second opinion and consult a physician of his choice regarding his ailment or injury, and the medical report issued by the physician of his choice shall also be evaluated on its inherent merit by the labor tribunal and the court.

Tanawan submitted himself to Dr. Lim, the company-designated physician, for a medical examination on December 1, 1997, which was within the 3-day reglementary period from his repatriation. The medical examination conducted focused on Tanawan's foot injury, the cause of his repatriation. Nothing was mentioned of an eye injury. On the other hand, Tanawan's claim for disability benefits due to the eye injury was already barred by his failure to report the injury and to have his eye examined by a company-designated physician. The rationale for the rule is that reporting the illness or injury within three days from repatriation fairly makes it easier for a physician to determine the cause of the illness or injury. PARTIALLY GRANTED.