GR 201072; (April, 2014) (Digest)
G.R. No. 201072, April 2, 2014
United Philippine Lines, Inc. and Holland America Line, Petitioners, vs. Generoso E. Sibug, Respondent.
FACTS
Respondent Generoso E. Sibug was hired by petitioners as a waste handler. He suffered two separate work-related injuries. First, on August 5, 2005, aboard the M/S Volendam, he injured his knee after falling from a ladder. He was repatriated, underwent surgery, and was declared fit to return to work on January 19, 2006. He subsequently passed a pre-employment medical examination, was re-hired, and worked in the same capacity aboard the M/S Ryndam. Second, aboard the Ryndam, he injured his right hand and wrist in a forklift accident and was repatriated on January 15, 2007. After surgery for this second injury, the company-designated physician issued a medical report on September 7, 2007, stating Sibug had a permanent but incomplete disability. In an email dated September 28, 2007, the doctor classified the disability from the Ryndam injury as Grade 10. Sibug filed two separate complaints for disability benefits corresponding to each injury. The Labor Arbiter dismissed the claim for the Volendam injury, finding Sibug fit to work after it, and awarded US$10,075 (equivalent to Grade 10) for the Ryndam injury. The NLRC initially reversed this, awarding US$60,000 for each injury (permanent and total disability for both) plus attorney’s fees, but later reinstated the Labor Arbiter’s decision on reconsideration. The Court of Appeals then set aside the NLRC’s reconsideration and reinstated the NLRC’s initial decision awarding permanent and total disability benefits for both injuries.
ISSUE
1. Whether Sibug is entitled to permanent and total disability benefits for his Volendam injury.
2. Whether Sibug is entitled to permanent and total disability benefits for his Ryndam injury.
3. Whether Sibug is entitled to attorney’s fees.
RULING
1. No, Sibug is not entitled to permanent and total disability benefits for his Volendam injury. The Supreme Court found that Sibug was declared fit to work after recovering from the knee injury, passed a pre-employment medical examination, was re-hired, and was able to work again in the same capacity. The Labor Arbiter’s dismissal of this claim was supported by substantial evidence.
2. Yes, Sibug is entitled to permanent and total disability benefits for his Ryndam injury. The company-designated physician failed to issue a definite assessment of the degree of Sibug’s disability within the 240-day period. Sibug was repatriated on January 15, 2007. The email classifying his disability as Grade 10 was issued on September 28, 2007, which was 256 days later, beyond the 240-day period. Consequently, under established jurisprudence, his disability is deemed permanent and total, entitling him to US$60,000.
3. Yes, Sibug is entitled to attorney’s fees. Since he was forced to litigate to protect his valid claim for the Ryndam injury, he is entitled to attorney’s fees equivalent to 10% of the award (US$6,000).
DISPOSITIVE:
The petition was partly granted. The Court of Appeals’ decision was set aside. A new judgment was rendered ordering petitioners to pay respondent Generoso E. Sibug US$66,000 (US$60,000 as permanent and total disability benefit for the Ryndam injury plus US$6,000 as attorney’s fees) or its peso equivalent at the time of payment.