GR 191903; (June, 2013) (Digest)
G.R. No. 191903 ; June 19, 2013
MAGSAYSAY MARITIME CORPORATION and/or WESTFAL-LARSEN AND CO., A/S, Petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, First Division, and WILSON G. CAPOY, Respondents.
FACTS
Respondent Wilson G. Capoy was hired as a Fitter by petitioner manning agency Magsaysay Maritime Corporation for its foreign principal. In July and August 2005, Capoy suffered two falls onboard the vessel, leading to numbness and other symptoms. After examinations by foreign doctors, he was declared unfit for work and medically repatriated on August 31, 2005. He reported to the company-designated physician the next day and was diagnosed with a cervical spine condition. He eventually underwent a laminectomy surgery paid for by the petitioners and received post-operative therapy until March 17, 2006, with a scheduled re-evaluation in April 2006.
While still under treatment, Capoy filed a complaint for disability benefits on January 19, 2006, arguing he was entitled to permanent total disability benefits under the Collective Bargaining Agreement (CBA) as more than 120 days had lapsed since his repatriation without a fitness-to-work declaration. He later submitted a medical certificate from his personal doctor in April 2006 declaring him permanently unfit. The Labor Arbiter and the NLRC ruled in his favor, awarding US$70,000.00 under the CBA. The Court of Appeals affirmed the award.
ISSUE
Whether respondent Wilson G. Capoy is entitled to permanent total disability benefits.
RULING
No. The Supreme Court reversed the lower tribunals and held that Capoy was not entitled to permanent total disability benefits. The Court clarified the applicable rule from Vergara v. Hammonia Maritime Services, Inc., stating that the 120-day treatment period provided under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) may be extended to 240 days if the seafarer requires further medical attention. A total and permanent disability only arises if the seafarer remains unable to work after the lapse of this 240-day period, barring any justified exceptions.
In this case, Capoy filed his complaint on January 19, 2006, which was only 141 days from his repatriation. At that time, he was still actively undergoing treatment and therapy under the company-designated physician, with a pending re-evaluation. His claim was therefore premature, as no final disability assessment could yet be made. The Court emphasized that the company-designated physician is afforded a period of up to 240 days to make a definitive assessment. Since Capoy required medical treatment for 197 days, he was only entitled to income benefits for temporary total disability for that extended period, not permanent total disability benefits. The award based on the CBA was set aside.