G.R. No. 172800 October 17, 2008
MARCIANO L. MASANGCAY, petitioner, vs. TRANS-GLOBAL MARITIME AGENCY, INC. AND VENTNOR NAVIGATION, INC., respondents.

FACTS

Petitioner Marciano Masangcay was hired by respondent Ventnor Navigation, Inc., through its manning agent Trans-Global Maritime Agency, Inc., as an oiler on M/T Eastern Jewel for seven months. Twenty-one days after his deployment, Masangcay experienced symptoms including reddish discoloration of urine and abdominal pain. He was diagnosed with renal failure due to multiple renal stones. After treatment and repatriation, he underwent medical procedures in the Philippines. On January 29, 2003, his attending physician at the National Kidney and Transplant Institute pronounced him fit to resume work. On January 30, 2003, Trans-Global’s designated physician also declared him fit to work and pegged his disability period from October 3, 2002 to February 3, 2003. Respondents paid his sick leave pay and all medical expenses. In March 2003, Masangcay was informed he could no longer be deployed due to negative reports from the principal. On October 16, 2003, Masangcay filed a complaint for disability benefits based on a Medical Certificate dated July 31, 2003 from Dr. Efren Vicaldo, who assessed him with an Impediment Grade III (78.36%) and declared him unfit to resume work as a seaman. The Labor Arbiter granted his claim. The National Labor Relations Commission (NLRC) affirmed. The Court of Appeals reversed the NLRC, annulled its resolutions, and ordered the dismissal of the case.

ISSUE

Whether the Court of Appeals erred in reversing the NLRC and dismissing Masangcay’s claim for permanent total disability benefits.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The Court held that Masangcay was not entitled to permanent total disability benefits. The company-designated physicians had declared him fit to work, and his disability period had been assessed as lasting only 120 days, which constitutes temporary total disability. The medical certificate from his personal physician, issued more than six months after his fit-to-work declaration, was insufficient to overturn the findings of the company-designated physicians, especially since he did not seek a third-doctor opinion as required by the POEA Contract. The nature of his illness, renal stones, was not shown to be work-related or aggravated by his work conditions. The Court found no basis for the award of disability benefits.