GR 195978; (August, 2015) (Digest)
G.R. No. 195978, August 19, 2015
JOSE YOAC ESTRELLA, PETITIONER, VS. BSM CREW SERVICE CENTRE PHILS., (FORMERLY PHILIPPINE HAMMONIA SHIP AGENCY INC.) AND HANSEATIC SHIPPING CO., LTD., RESPONDENTS.
FACTS
Petitioner Jose Yoac Estrella was employed as a Second Engineer by respondent BSM Crew Service Centre Phils. for its foreign principal, Hanseatic Shipping Co. Ltd., on board the vessel Venus Gas. On August 23, 2007, he tripped on a mooring line, fell, and injured his right shoulder. After initial treatment and a period of work, worsening pain led to his repatriation on October 24, 2007. Upon arrival, he was referred to the company-designated physicians. On January 31, 2008, the company-designated physician issued an interim disability assessment of “Grade 9 ankylosis of 1 shoulder” and estimated further treatment for 4-6 weeks. Petitioner filed a complaint for disability benefits before the NLRC on March 25, 2008. The Labor Arbiter awarded him US$60,000.00 as permanent total disability benefits, which the NLRC affirmed. The Court of Appeals modified the award, deleting the permanent total disability benefits and instead awarding US$8,000.00 as temporary total disability benefits, computed based on 150 days of incapacity. Petitioner sought reinstatement of the NLRC’s award.
ISSUE
Whether the petitioner is entitled to permanent total disability benefits or only to temporary total disability benefits.
RULING
The Supreme Court denied the petition, affirming the Court of Appeals’ modification. The petitioner was entitled only to temporary total disability benefits, not permanent total disability benefits. The Court ruled that the company-designated physician issued an interim disability assessment within the 120-day period, and the petitioner filed his complaint on March 25, 2008, which was only 153 days from his repatriation (October 27, 2007). This period had not exceeded the 240-day maximum treatment period under the POEA-SEC and jurisprudence (Vergara v. Hammonia Maritime Services, Inc.). Since the 240-day period had not lapsed without a final assessment from the company-designated physician at the time the complaint was filed, the petitioner did not yet have a cause of action for permanent total disability benefits. The award of US$8,000.00 as temporary total disability benefits for 150 days of incapacity was proper.