G.R. No. 215471 - MARLOW NAVIGATION PHILIPPINES INC., MARLOW NAVIGATION CO. LTD./ CYPRUS, LIGAYA C. DELA CRUZ AND ANTONIO GALVEZ, JR., VS. BRAULIO A. OSIAS.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Osias was medically repatriated. He arrived in the Philippines on February 15, 2010 and immediately reported to Marlow Navigation. He was referred to the company-designated physician, Dr. Michael Tom J. Arago (Dr. Arago) of the Manila Doctor's Hospital (MDH) . On February 16, 2010, an x-ray examination [6] revealed that Osias was suffering from "degenerative osteoarthropathy of both knees." He was advised to undergo 10 sessions of physical therapy at the MDH Department of Rehabilitation Medicine and was prescribed medicines for his condition. On March 31, 2010, Dr. Arago issued a medical report [7] stating that Osias was diagnosed with "left shoulder contusion, lumbar strain and osteoarthritis, right and left knees." Osias was then required to undergo 10 more physical therapy sessions every Monday, Tuesday and Thursday, starting April 5, 2010. After four (4) physical therapy sessions, Osias suddenly failed to comply with his treatment without any previous notice. On May 14, 2010, or more than a month after he last reported to the company-designated physician, Osias appeared for the continuation of his physical therapy. On even date, Dr. Arago issued another medical report [8] noting the prolonged absence of Osias. It was stated therein that Osias did not follow up his treatment because he went to La Union. Nevertheless, Dr. Arago continued Osias' therapy. On July 14, 2010, Dr. Arago issued a final medical report [9] stating that Osias underwent physical capacity evaluation and that he was already "fit to return to work effective 13 July 2010." Further, a certification of fitness to work [10] was issued to Osias. Unconvinced, Osias sought the medical opinion of Dr. Li-Ann Lara Orencia ( Dr. Orencia ). In her medical certificate, dated September 14, 2010, Dr. Orencia opined that the osteoarthritis of Osias would prevent him from returning to his former work as chief cook. Consequently, Osias filed a complaint for permanent and total disability benefits, moral and exemplary damages, and attorney's fees against Marlow Navigation, Marlow Navigation Co. Ltd., and its officers Ligaya Dela Cruz and Antonio Galvez, Jr. ( petitioners ) before the Labor Arbiter (LA) . In his position paper, [11] Osias asserted that his incapacity to work for more than 120 days entitled him to permanent and total disability benefits. Conversely, in their position paper, [12] petitioners countered that Osias was not entitled to the said benefits because the company-designated physician found and certified that he was fit to return to work. Moreover, he himself caused the delay in his treatment. The LA Ruling In its Decision, [13] dated May 2, 2011, the LA ruled that Osias was not entitled to permanent and total disability benefits. The LA gave weight to the findings of the company-designated physician because the latter had the authority to proclaim whether a seafarer suffered from a permanent and total disability, based on an extensive medical treatment. Further