G.R. No. 179868 ; January 21, 2010
RIZALDY M. QUITORIANO, Petitioner, vs. JEBSENS MARITIME, INC./ MA. THERESA GUTAY and/or ATLE JEBSENS MANAGEMENT A/S, Respondents.

FACTS

Petitioner Rizaldy M. Quitoriano was hired by respondent Jebsens Maritime, Inc. on January 13, 2001, as a 2nd Officer for six months. On May 23, 2001, while on duty, he experienced dizziness, severe headache, chest pains, body weakness, numbness on his left side, slurred speech, and dragged his left foot. Upon the vessel’s arrival in Spain on May 26, 2001, he was diagnosed with “hypertension arterial” or “mild stroke.” He was repatriated to the Philippines on May 30, 2001, for further treatment. The company-designated physician, Dr. Nicomedes G. Cruz, diagnosed him with hypertension and transient ischemic attack. On November 16, 2001, 169 days after repatriation, Dr. Cruz issued a medical report declaring petitioner “fit to work.” Petitioner sought a second opinion from independent physicians at the Philippine Heart Center, who diagnosed him with hypertension, cardiovascular disease, hyperlipidemia, and cerebral infarction. Petitioner filed a complaint for permanent total disability compensation of US$80,000 under the Collective Bargaining Agreement (CBA). The Labor Arbiter dismissed the complaint, relying on the “fit to work” certification. The NLRC affirmed but ordered respondents to allow petitioner to resume sea duty. The Court of Appeals affirmed the NLRC decision.

ISSUE

Whether petitioner’s disability is permanent and total, entitling him to disability benefits under the CBA.

RULING

Yes. The Supreme Court reversed the Court of Appeals and granted the petition. Applying the Labor Code concept of permanent total disability to seafarers, the Court held that disability is measured by the incapacity to work and impairment of earning capacity, not merely medical condition. Under the Implementing Rules of the Labor Code, a disability is total and permanent if it lasts continuously for more than 120 days. Here, petitioner was declared “fit to work” only after 169 days from repatriation, making his disability permanent and total. The Court noted that petitioner remained unemployed despite the NLRC order to allow him to resume sea duty, indicating his incapacity to work. The Labor Arbiter also found that his illness could recur if he resumed sea duties. Thus, petitioner is entitled to permanent total disability benefits of US$80,000 as stipulated in the CBA. Additionally, he is entitled to attorney’s fees of 10% of the award for being compelled to litigate due to respondents’ failure to satisfy his valid claim.