5 Dalusong V Eagle Clarc Shipping
5 Dalusong V Eagle Clarc Shipping
DECISION
The Case
This petition for review 1 assails the 29 June 2012 Decision2 and the 26
September 2012 Resolution3 of the Court of Appeals in CA-G.R. SP No.
123767. The Court of Appeals nullified the Decision4 dated 12 August 2011
and the Resolution (sic) dated 25 October 2011 of the National Labor
Relations Commission (NLRC) in NLRC LAC No. 05-000397-11, and
reinstated the Labor Arbiter's assignment of grade 11 disability to petitioner.
The Facts
payment of disability benefits requires two factors: (1) that the assessment is
issued by the company-designated physician, and (2) the corresponding
equivalent of the assessment as issued by the company-designated physician
under the Schedule of Disability Allowances found in the POEA Contract.9
The Labor Arbiter did not give probative value to the medical report
presented by petitioner for the following reasons: (1) the doctor who issued
the report is not the company-designated doctor mandated under the POEA-
SEC; (2) the medical report does not show the manner by which the
examination was conducted; and (3) the medical report dated 2 October
2010 was made almost four months after petitioner had stopped his medical
consultations with the company-designated doctor, during which period
petitioner could have committed acts which might have aggravated his
condition. Besides, the Labor Arbiter stated that both the company-
designated doctor and petitioners doctor found petitioner to be suffering
from partial permanent disability.
9
Id. at 354.
10
Under the schedule of disability allowances in Section 32 of the POEA-SEC, a grade 11 disability
is entitled to US$7,465 (US$50,000 x 14.93%). However, the Labor Arbiter ruled that since
private respondents have admitted in their pleadings that under the CBA, petitioner is entitled to
US$12,551 for his grade 11 disability, then this is tantamount to an admission against interest.
Thus, the Labor Arbiter held that petitioner is entitled to US$12,551 disability benefits plus
attorneys fees. In their position paper to the NLRC, respondents stated that since petitioner has
disability grade 11, then he is entitled to US$12,551 (i.e. 14.93% multiplied to the maximum
allowable benefit of US$70,000 as provided in the CBA). Id. at 263.
11
Id. at 354.
Decision 4 G.R. No. 204233
disability. However, the Court of Appeals also noted that petitioners doctor
added in his report that petitioner is unfit for seaduty in whatever capacity
as seaman, which in effect diagnosed petitioner with total permanent
disability. The Court of Appeals further noted that petitioners doctor failed
to indicate in his report the procedures or tests conducted to properly
diagnose petitioners condition. In contrast, the company-designated doctor
conducted several medical tests and examinations in a span of six months,
which included: ambulation and squatting test, squatting and ascending
stairs test, left ankle flexing test, and weight bearing test. Only after all the
tests were conducted did the company-designated doctor finally issue a
Medical Certificate giving petitioner a final disability rating of grade 11.
Thus, the Court of Appeals ruled that in the absence of adequate tests and
examinations to support his medical report, the findings of petitioners
doctor cannot prevail over that of the company-designated doctor, whose
thorough findings were supported by multiple tests and examinations on
petitioner.
The Issues
13
Rollo, p. 289.
14
Id. at 132.
15
Section 20(B)(3) of the 2000 POEA-SEC reads:
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness
allowance equivalent to his basic wage until he is declared fit to work or the degree of
permanent disability has been assessed by the company-designated physician but in no
case shall this period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a port-employment medical
examination by a company designated physician within three working days upon his
return except when he is physically incapacitated to do so. In which case, a written notice
to the agency within the same period is deemed as compliance. Failure of the seafarer to
comply with the mandatory reporting requirement shall result in his forfeiture of the right
to claim the above benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the Employer and the seafarer. The third doctors
decision shall be final and binding on both parties.
Decision 7 G.R. No. 204233
seafarers doctor.16 The Labor Arbiter did not give probative value to the
medical report issued by petitioners doctor primarily because there was no
evidence of tests and examinations conducted to support his medical report.
On the other hand, the NLRC ruled that [t]he findings of [petitioners]
doctor, who gave him Grade 1 Disability rating is more appropriate and
applicable to the injury suffered by [petitioner].17 The Court of Appeals
gave more credence to the findings of the company-designated doctor, which
were supported by multiple tests and examinations on petitioner, compared
to the medical report of petitioners doctor which was not supported by
adequate tests and examinations.
xxxx
LOWER EXTREMITIES
NOTE: Any item in the schedule classified under Grade 1 shall be considered or
shall constitute total and permanent disability. (Emphasis supplied)
19
Rollo, pp. 276-296.
20
G.R. No. 186509, 29 July 2013, 702 SCRA 467.
21
Id. at 487.
22
Rollo, pp. 318-319. The Disability Report states:
Petitioner argues that since his treatment lasted for more than 120
days, then his disability is deemed total and permanent. Petitioners
contention is not entirely correct. Although Article 192(c)(1), Chapter VI,
Title II, Book IV of the Labor Code, as amended, states that a disability
which lasts continuously for more than 120 days is deemed total and
permanent, the law makes a qualification, thus:
FINAL DIAGNOSIS
>FRACTURE, LATERAL MALLEOLOUS, RIGHT FOOT
>STATUS POST CLOSED REDUCTION WITH CASTING
>TRAUMATIC ARTHRITIS, RIGHT ANKLE
DISABILITY RATING:
Section 2(b), Rule VII of the Implementing Rules of Title II, Book IV
of the Labor Code, as amended, reads:
SECTION 2. Disability. x x x
24
588 Phil. 895 (2006).
Decision 11 G.R. No. 204233
SO ORDERED.
c:a::_'
Acting Chief Justice
25
Id. at 912.
26
Magsaysay Maritime Corporation v. National Labor Relations Commission, G.R. No. 191903, 19
June 2013, 699 SCRA 197; Santiago v. Pacbasin ShipManagement, Inc., G.R. No. 194677, 18
April 2012, 670 SCRA 271.
Decision 12 G.R. No. 204233
WE CONCUR:
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Associate Justice
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Associate Justice
CERTIFICATION