G.R. No. 196455 , July 8, 2019
CENTENNIAL TRANSMARINE INC., EDUARDO R. JABLA, CENTENNIAL MARITIME SERVICES & M/T ACUSHNET, Petitioners, vs. EMERITO E. SALES, Respondent.

FACTS

Respondent Emerito E. Sales was hired by petitioner Centennial Transmarine, Inc. (CTI) as a Pumpman. In April 2006, while working, he slipped, hit the floor, and experienced persistent lower back pain. He reported the pain on May 5, 2006, was diagnosed with “acute traumatic lumbago with ischialgia right leg” in Belgium, and was medically repatriated. In the Philippines, the company-designated physician’s MRI showed “degenerative changes of the lumbar spine including disc protrusions.” Surgery was recommended, but Sales refused. He underwent conservative treatment (physical therapy). Sales sought a second opinion from another physician at the same hospital, who, on September 20, 2006, assessed him with a disability grading “8” (partial permanent disability) and declared him “TOTALLY UNFIT TO WORK as a Seaman.” The following day, the company-designated physician issued an assessment of “GRADE 11” disability, advising against lifting heavy objects. Sales filed a complaint for permanent and total disability benefits. The Labor Arbiter ruled in his favor. The NLRC initially reversed the LA but, on reconsideration, awarded benefits based on the Grade 11 assessment. The Court of Appeals reinstated the award of permanent and total disability benefits, plus damages. Petitioners appealed to the Supreme Court.

ISSUE

Whether respondent Emerito E. Sales is entitled to permanent and total disability benefits, and if so, in what amount.

RULING

The Supreme Court MODIFIED the Court of Appeals decision. It held that Sales’ injury was compensable as work-related, considering his long employment (since 2000) as a Pumpman involving manual labor, the manifestation of back pain during his duty, and the company physician’s own findings. However, the Court ruled he was not entitled to permanent and total disability benefits. The company-designated physician’s Grade 11 assessment, issued within the 120-day period (from repatriation on May 10, 2006, to the assessment on September 22, 2006), was deemed conclusive. This assessment indicated only a partial permanent disability. The Court found no evidence that the company-designated physician declared Sales unfit for sea duty or that his condition was permanent; in fact, further treatment (surgery) was recommended. The conflicting assessment from Sales’ personal physician was not upheld as the company was not precluded from questioning it, and the Grade 11 assessment was issued within the regulatory period. Consequently, Sales was entitled only to the disability benefit corresponding to Grade 11 under the POEA-SEC, amounting to US$11,757.00. The awards for moral and exemplary damages were deleted for lack of factual and legal basis. The award of attorney’s fees (10%) and legal interest (6% per annum from the date of filing of the claim) was sustained.