GR 229179; (March, 2022) (Digest)
G.R. No. 229179 , March 29, 2022
BENHUR SHIPPING CORPORATION/SUN MARINE SHIPPING S.A. AND EDGAR B. BRUSELAS, PETITIONERS, VS. ALEX PEÑAREDONDA RIEGO, RESPONDENT.
FACTS
Respondent Alex Peñaredonda Riego was hired by petitioners Benhur Shipping Corporation/Sun Marine Shipping S.A. as Chief Cook on October 8, 2013. In December 2013, he suffered abdominal and lower back pain and was repatriated. The company-designated physician, Dr. Robert D. Lim, treated him. On January 16, 2014, respondent was issued a Certificate of Fitness to Work. However, he later complained of recurring pain. On May 26, 2014, the company-designated physician issued a final medical report assessing his disability as Grade 11 (1/3 loss of lifting power) under the POEA-SEC. Respondent consulted his own physician, Dr. Fidel M. Magtira, who declared him permanently disabled and unfit to work. Respondent requested a third medical opinion from petitioners, which was refused. He filed a complaint for total and permanent disability benefits. The Labor Arbiter partially granted the complaint based on the Grade 11 assessment. The NLRC affirmed. The Court of Appeals reversed, granting total permanent disability benefits, finding that the company-designated physician failed to issue a final assessment within the 120/240-day period and that respondent’s illness was work-related.
ISSUE
Whether the Court of Appeals erred in awarding total and permanent disability benefits to respondent.
RULING
The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The company-designated physician failed to issue a final and definite assessment within the 120-day period, which was extended to 240 days due to respondent’s required medical treatment. The final medical report dated May 26, 2014, was issued 162 days from repatriation and merely stated a disability grading “if entitled,” which was not a definitive assessment of fitness or permanent disability. This failure resulted in respondent being deemed totally and permanently disabled. The Court also found respondent’s illness to be work-related, as his duties as Chief Cook involved strenuous activities that contributed to his spinal condition. The award of attorney’s fees was justified due to petitioners’ refusal to satisfy respondent’s valid claim. The monetary awards were subject to legal interest.