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DARIO A. CARCEDO v. MAINE MARINE PHILIPPINES

This case has been cited 7 times or more.

	GR No. 202885 2016-01-20	WALLEM MARITIME SERVICES v. EDWINITO V. QUILLAO DEL CASTILLO, J.
Further, in Ace Navigation Co. v. Garcia[46] and Carcedo v. Maine Marine Phils., Inc.,[47] the Court pointed out that the 120 or 240-day period to determine the seafarer's disability or fitness to work is reckoned from his repatriation.
	GR No. 215471 2015-11-23	MARLOW NAVIGATION PHILIPPINES INC. v. BRAULIO A. OSIAS MENDOZA, J.
Then came Carcedo v. Maine Marine Phils., Inc. (Carcedo).[28] Although the said case recognized the 240-day rule in Vergara, it was pronounced therein that "[t]he determination of the fitness of a seafarer for sea duty is the province of the company-designated physician, subject to the periods prescribed by law." Carcedo further emphasized that "[t]he company-designated physician is expected to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days. That should he fail to do so and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled."[29]
	GR No. 215313 2015-10-21	OLIMPIO O. OLIDANA v. JEBSENS MARITIME MENDOZA, J.
In Carcedo v. Maine Marine Phils., Inc.,[18] the seafarer's foot was wounded while on duty. When he was repatriated, the company-designated physician subjected him to a medical examination. Subsequently, the latter issued a disability assessment stating that the seafarer merely had an "[i]mpediment disability grading of 8% Loss of first toe (big toe) and some of its metatarsal bone."[19] Yet, the seafarer required further medical treatments, underwent amputation, and subsequently passed away. The Court concluded that the company-designated physician's disability assessment was not definitive and, because it failed to issue a final assessment, the seafarer therein was certainly under permanent total disability.
	GR No. 212764 2015-09-09	HANSEATIC SHIPPING PHILIPPINES INC. v. ARLES BALLON MENDOZA, J.
In the recent case of Carcedo v. Maine Marine Philippines, Inc.,[45] the Court proclaimed that "[t]he determination of the fitness of a seafarer for sea duty is the province of the company-designated physician, subject to the periods prescribed by law." Should the company-designated physician fail to give his proper medical assessment and the seafarer's medical condition remains unresolved, then the seafarer shall be deemed totally and permanently disabled.[46]
	GR No. 211882 2015-07-29	ELBURG SHIPMANAGEMENT PHILS. v. ERNESTO S. QUIOGUE MENDOZA, J.
Recently, in Carcedo v. Maine Marine Philippines, Inc. (Carcedo),[35] which cited Krestel and Vergara, the seafarer was discharged from the hospital after 137 days from repatriation. Nine days later, the seafarer returned to the hospital for a follow-up consultation, where the company-designated physician noted that the seafarer's wound was still open and that he was to continue his medications. That was 146 days from repatriation, and the company-designated physician still had nearly 100 days within which to give the final disability assessment, yet none was issued. The Court concluded that:The company-designated physician failed to give a definitive impediment rating of Carcedo's disability beyond the extended temporary disability period, after the 120-day period but less than 240 days. By operation of law, therefore, Carcedo's total and temporary disability lapsed into a total and permanent disability.[36]
	GR No. 211882 2015-07-29	ELBURG SHIPMANAGEMENT PHILS. v. ERNESTO S. QUIOGUE MENDOZA, J.
Moreover, as correctly noted by Quiogue, his entitlement to permanent total disability compensation, as determined by the LA, the NLRC and the CA, was due to his inability to work/return to his seafaring occupation after 120 days until the present time. Significantly, as aptly found by the NLRC, he remained unemployed even after the time he filed the complaint to recover permanent total disability compensation. In the aforecited case of Carcedo, it was stated that should the company-designated physician fail to give his proper medical assessment and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled.[43]
	GR No. 204845 2015-06-15	BELCHEM PHILIPPINES v. EDUARDO A. ZAFRA MENDOZA, J.
Recently, in Carcedo v. Maine Marine Philippines, Inc.,[36] which cited Krestel and Vergara, the seafarer therein was discharged from the hospital on June 6, 2009, or 137 days from repatriation. The seafarer returned to the hospital for follow-up consultation on June 15, 2009, where the company-designated physician noted that seafarer's wound was still open and that he was to continue his medications. That was 146 days from repatriation, and company-designated physician still had nearly 100 days within which to give the final disability assessment, yet he gave none. The Court concluded that:The company-designated physician failed to give a definitive impediment rating of Carcedo's disability beyond the extended temporary disability period, after the 120-day period but less than 240 days. By operation of law, therefore, Carcedo's total and temporary disability lapsed into a total and permanent disability.