Abante vs.

KJGS Fleet Management

G.R. No. 182430
Carpio-Morales, J.

Dec 4, 2009

Facts:
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January 4, 2000: petitioner Leopoldo Abante (pet) was hired by respondent KJGS Fleet
Management Manila (KJGS) as a seaman aboard M/T Rathboyne for a period of 9 months +
monthly salary of US$535.
Sometime June 2000: while carrying equipment aboard the vessel, petitioner slipped and hurt his
back. He was brought to a hospital upon docking in Taiwan on July 4, 2000, and it was found that
he was suffering from lower back pain r/o (ruling out?) old fracture lesion 4 th lumbar body.
Nevertheless, he was still found to be fit for work.
o Unable to bear the pain, however, petitioners request to be repatriated was granted and
he went back to the Phil on July 19, 2000.
July 21, 2000: Petitioner consulted with the company-designated physician of KJGS, Dr. Lim.
Upon consultation, it was found out that he was suffering from Foraminal stenosis L30K14 and
central disc protrusion L40L5 (wew).
o He then underwent Laminectomy and Discectomy, all at the cost borne by KJGS. He was
discharged 10 days later.
o He was seen by Dr. Lim around 10 times from operation date until February 20, 2001,
where Dr. Lim declared him fir to resume sea duties. Petitioner, however, refused to sign
the Certificate of Fitness for Work.
Petitioner sought a second opinion regarding his condition Dr. Caja, who diagnosed him with a
failed back syndrome and gave a grade of 6 disability rating; a rating that rendered him medically
unfit for work.
o He then asked for an award of US$25,000 as disability compensation from KJGS.
April 27, 2001: petitioner filed a complaint to the NLRC.
LA: dismissed the complaint
o Cited POEA memo circular no. 9, series of 2000: in the event of conflict between the
assessment of the company-designated physician and the doctor chosen by the seafarer,
the opinion of a third doctor agreed on by both the employer and the seafarer should be
sought.
NLRC: remanded the case back to the LA for further proceedings
o Two conflicting diagnoses, must be determined by a third doctor.
CA: reversed; reinstated LAs decision, dismissing the complaint.

Hence, this petition.

Issues/Held:
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POEA Standard Employment Contract of 2000 Section 20 (B) (3) does not preclude the seafarer
from getting a second opinion as to his condition for claiming disability benefits.
o NYK-Fil Ship Management vs Talavera: While it is the company-designated physician
who must declare that the seaman suffers a permanent disability during employment, it
does not deprive the seafarer of his right to seek a second opinion

Seagull Maritime Corp vs Dee: if serious doubt exists on the company-designated

physicians declaration of the nature of a seamans injury and its corresponding
impediment grade, resort to prognosis of other competent medical professionals should
be made. In doing so, a seaman should be given the opportunity to assert his claim after
proving the nature of his injury. These evidences will in turn be used to determine the
benefits rightfully accruing to him.
o The Court also took note that Dr. Lims findings did not significantly differ from Dr.
Cajas. It is precisely on the account of the company-designated physicians
(understandably) more positive recommendations that the seafarer is given the chance to
seek a second opinion.
Also, POEA standard employment contract for seamen was designed primarily for the
protection and benefit of Filipino seamen in the pursuit of their employment on board
ocean-going vessels. Its provisions must be construed and applied fairly, reasonable and
liberally in their favor.
o The law looks tenderly on the laborer. Where the evidence may be reasonably interpreted
in two ways, the balance must be tilted in favor of the laborer (principle of social justice).
Petitioner can rightfully claim disability benefits.
o Permanent disability the inability of a worker to perform his job for more than 120
days regardless of whether he loses the use of any part of his body.
Dr. Lim only declared petitioners fitness on Feb. 20, 2001more than the 120
day period.
o From his operation until his declaration of petitioners fitness, Dr. Lim consistently
recommended the continued physical rehabilitation/therapy and re-evaluation of
petitioner, thereby implying that petitioner was not yet fit to work.
o The failure of company-designated physician to pronounce petitioner fit to work within
the 120-day period entitles seafarer to the permanent total disability benefit
(US$60,000)
o

Decision Reversed.