G.R. No. 241309 - RUTHGAR T. PARCE, VS. MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISES LTD.** AND/OR SORWIN JOY G. RIVERA.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, Magsaysay ordered the termination of his medical treatment and the discontinuance of his sickness allowance. [10] Without Parce's knowledge, Magsaysay's company-designated physician issued a final medical report on April 15, 2015, which Princess Cruises used as basis to consider Parce's status as fit without restrictions. [11] Due to persisting pain, Parce consulted an independent physician who found him unfit for sea duties. [12] Parce then sent a letter to Magsaysay on July 2, 2015 requesting for referral to a third doctor and to be furnished with all his medical records pertaining to his rehabilitation and treatment. [13] However, Magsaysay refused to heed Parce's request and instead asked for a copy of the second opinion of Parce's physician so they can study the possibility of entering settlement negotiations. [14] On August 20, 2015, Parce filed a complaint before the labor arbiter, praying for payment of disability benefits, reimbursement for medical expenses, damages, and attorney's fees. [15] The labor arbiter rendered a Decision [16] in favor of Parce. It found that the medical report of the company-designated physician cannot be considered as equivalent to a fitness to work declaration there being no express declaration. Thus, with the lapse of the 240 days from repatriation without a definite fitness to work assessment issued by the company-designated physician, the labor arbiter declared that Parce's disability is deemed total and permanent by operation of law. The labor arbiter decreed: WHEREFORE, premises considered, judgment is hereby rendered ordering respondents Magsaysay Maritime Corporation, and/or the foreign principal Princess Cruise Lines, Ltd., to pay Ruthgar T. Parce the Philippine peso equivalent at the time of actual payment of SIXTY THOUSAND US DOLLARS (US$60,000.00), representing total permanent disability benefits, plus ten percent (10%) thereof as and for attorney's fees. All other claims are dismissed for lack of merit. SO ORDERED.