G.R. No. 242096 , February 03, 2021
Ranilo Bandico, Petitioner, vs. Philippine Transmarine Carriers, Inc., Royal Caribbean Cruises Ltd., and Mr. Carlos Salinas, Respondents.

FACTS

Petitioner Ranilo Bandico was hired by respondent Philippine Transmarine Carriers, Inc. (PTCI) for its foreign principal, Royal Caribbean Cruises, Ltd., as an Oiler on board MV Voyager of the Seas under an eight-month contract. On February 10, 2011, while on duty, he accidentally slipped off a metal ladder, sustaining injuries to his right knee and leg, and experiencing lumbar pain and difficulty breathing. He received initial treatment on board and was later examined by offshore doctors in Honduras and Mexico, where he was diagnosed with conditions including post-traumatic prepatellar bursitis with secondary infection. He refused recommended surgical procedures. He was medically repatriated on March 5, 2011. Upon repatriation, he was placed under the care of company-designated physicians. An MRI revealed disc herniation and other spinal issues. He was advised to undergo lumbar fusion surgery on May 27, 2011, but refused after being informed it would only relieve pain and not guarantee complete recovery. On June 14, 2011, his chosen physician, Dr. Alan Leonardo R. Raymundo, issued a medical report stating he was “no longer fit to return to work.” On June 21, 2011, he filed a complaint for total and permanent disability benefits, among others. On June 25, 2011, the company-designated physicians issued a Final Medical Summary assigning disability gradings of 8 (for spine) and 10 (for knee) under the POEA-SEC, and recommended “NOT FIT FOR DUTY” and “CASE CLOSED.”

ISSUE

Whether petitioner Ranilo Bandico is entitled to total and permanent disability benefits.

RULING

No. The Supreme Court denied the petition and affirmed the Amended Decision of the Court of Appeals, which had reversed the rulings of the Labor Arbiter and the National Labor Relations Commission (NLRC) granting total and permanent disability benefits. The Court held that the company-designated physicians had made a valid assessment of petitioner’s disability within the 120/240-day period. The Final Medical Summary, issued on June 25, 2011 (within 120 days from repatriation on March 5, 2011), provided a specific disability grading (8 for spine and 10 for knee) and a final assessment of “NOT FIT FOR DUTY.” This assessment was not equivalent to a declaration of total and permanent disability but indicated he was unfit for sea duty as an oiler. The Court ruled that the inability to perform one’s customary work does not automatically constitute total and permanent disability under the POEA-SEC; the disability grading issued by the company-designated physician prevails. Furthermore, petitioner’s refusal to undergo the advised surgery without valid justification contributed to the incomplete treatment and precluded a finding of total and permanent disability. The award of attorney’s fees was also deleted due to the lack of basis for the monetary award.