G.R. No. 204233, September 3, 2014
RICARDO A. DALUSONG, Petitioner, vs. EAGLE CLARC SHIPPING PHILIPPINES, INC., NORFIELD OFFSHORE AS, and/or CAPT. LEOPOLDO T. ARCILLAR, and COURT OF APPEALS, Respondents.
FACTS
Petitioner Ricardo A. Dalusong was hired as an Able Seaman by private respondents. On December 13, 2009, while on board the vessel MV Malene Ostervold, a fellow crew member fell on him due to a sudden swell, fracturing his right ankle. He was treated in Houston, Texas, and repatriated to the Philippines on December 23, 2009. The company-designated physician, Dr. Nicomedes Cruz, after months of treatment and therapy, issued a final disability grading of “grade 11 – complete immobility of an ankle joint in normal position” under the POEA Schedule of Disabilities on July 27, 2010. Petitioner consulted his own physician, Dr. Nicanor Escutin, who issued a report dated October 2, 2010, diagnosing “PARTIAL PERMANENT DISABILITY” and stating petitioner was “unfit for seaduty in whatever capacity as seaman.” Petitioner filed a complaint claiming total permanent disability benefits of US$80,000, while respondents insisted on payment based on grade 11 (US$12,551). The Labor Arbiter ruled in favor of respondents, awarding grade 11 benefits. The NLRC reversed, awarding US$70,000 as total permanent disability benefits based on an applicable CBA. The Court of Appeals nullified the NLRC decision and reinstated the Labor Arbiter’s award of grade 11 disability, deleting the attorney’s fees.
ISSUE
Whether the Court of Appeals erred in: (1) upholding the company-designated physician’s grade 11 disability assessment; (2) finding that both doctors concluded petitioner had a partial permanent disability; (3) justifying the partial disability assessment based on medical treatment extending beyond 120 days but within 240 days; and (4) deleting the award of attorney’s fees.
RULING
The Supreme Court denied the petition, affirming the Court of Appeals’ decision. The Court held that the company-designated physician’s assessment, based on multiple tests and examinations conducted over six months, deserved more credence than the single report of petitioner’s chosen physician, which lacked detail on the procedures performed. The company doctor’s final grade 11 assessment was issued within the 240-day period allowed for treatment and evaluation, which was justified as petitioner’s condition required further rehabilitation. The fact that petitioner’s doctor also classified the disability as “partial permanent” supported the company doctor’s finding. The declaration of being “unfit for sea duty” by petitioner’s doctor did not automatically equate to total permanent disability under the POEA Schedule, where only conditions classified under Grade 1 constitute total permanent disability. Ankle immobility (grade 11) is not listed under Grade 1. The award of attorney’s fees was correctly deleted as there was no showing of bad faith on the part of the respondents in contesting the claim.