Digest Montierro Vs Rickmers
Digest Montierro Vs Rickmers
Digest Montierro Vs Rickmers
2. The procedure for determining the liability for work related death, illness or injury
in the case of overseas Filipino seafarers is as follows: when the seafarer
sustains a work-related illness or injury while on board the vessel, his fitness for
work shall be determined by the company-designated physician. The physician
has 120 days, or 240 days , if validly extended, to make the assessment. If the
physician appointed by the seafarer disagrees with the assessment of the
company designated physician, the opinion of a third doctor may be agreed jointly
between the employer and the seafarer, whose decision shall be final and binding
on them. Montierro, however, preempted the procedure when he filed on
December 3, 2010 a complaint based on his chosen physicians assessment.
Hence, for failure of Montierro to observe the procedure provided by POEA-SEC,
the assessment of the company doctor should prevail.
3. The rule on labor law is that withholding of wages need not be coupled with
malice or bad faith to warant the grant of attorneys fees under Article 111 of the
Labor Code. The premature filing of complaint by Montierro shows that there is no
unlawful withholding of benefits to speak of.