GR 193468; (January, 2015) (Digest)
G.R. No. 193468 ; January 28, 2015
AL O. EYANA, Petitioner, vs. PHILIPPINE TRANSMARINE CARRIERS, INC., ALAIN A. GARILLOS, CELEBRITY CRUISES, INC. (U.S.A.), Respondents.
FACTS
Petitioner Al O. Eyana was hired by respondent Philippine Transmarine Carriers, Inc. (PTCI) for its foreign principal, Celebrity Cruises, Inc., as a utility cleaner on board M/V Century. On August 2, 2006, while lifting a 30-kilo block of cheese, he felt sudden back pain. He was medically repatriated and referred to the company-designated physician, Dr. Natalio G. Alegre II, who treated him from August 18, 2006, to January 26, 2007. An MRI revealed disk herniations with nerve root compression. The petitioner refused surgical intervention, opting for conservative management. On January 20, 2007, Dr. Alegre assessed a Disability Grade of 8 (moderate rigidity/loss of motion of the trunk) under the POEA-SEC. On June 6, 2007, the petitioner consulted Dr. Venancio P. Garduce, Jr., who assessed a Disability Grade of 1 and declared him unfit for sea duty. The petitioner filed a complaint for disability benefits, invoking the FIT-CISL-ITF CBA, which provided for US$80,000 compensation for loss of profession. The Labor Arbiter awarded total and permanent disability benefits of US$80,000. The NLRC reversed, awarding only Grade 8 disability under the POEA-SEC, giving more weight to the company-designated physician’s assessment. The Court of Appeals affirmed the NLRC.
ISSUE
Whether the petitioner is entitled to total and permanent disability benefits under the CBA or only to Grade 8 disability benefits under the POEA-SEC.
RULING
The Supreme Court denied the petition and affirmed the CA and NLRC decisions. The petitioner is entitled only to Grade 8 disability benefits under the POEA-SEC, not total and permanent disability benefits under the CBA. The Court held that the company-designated physician’s assessment (Disability Grade 8) prevails over the private physician’s assessment (Disability Grade 1). The petitioner consulted his private physician four months after the company-designated physician’s final assessment, and the private physician’s single consultation lacked the detailed medical history and treatment basis of the company-designated physician’s evaluation. The company-designated physician’s assessment was issued in the regular performance of duty, without evidence of bad faith. The petitioner’s inability to work for more than 120 days does not automatically constitute total and permanent disability, as the company-designated physician made a timely assessment within the 240-day period. The CBA provision for loss of profession was not applicable, as the petitioner’s disability was properly classified under the POEA-SEC. Attorney’s fees were denied due to the absence of stipulation and bad faith. Legal interest at 6% per annum was imposed on the monetary award from finality of judgment until full payment.