GR 206113; (November, 2017) (Digest)
G.R. No. 206113 November 6, 2017
SHARPE SEA PERSONNEL, INC., MONTE CARLO SHIPPING, and MOISES R. FLOREM, JR., Petitioners vs. MACARIO MABUNAY, JR., Respondent
FACTS
Respondent Macario Mabunay Jr. was hired as an oiler by petitioners. On April 15, 2009, he slipped and injured his back while working aboard the vessel. After initial medical attention in China, he was declared unfit for work and medically repatriated on April 29, 2009. Upon arrival, he was placed under the care of the company-designated physician, Dr. Nicomedes Cruz. He underwent extensive treatment, including surgery in November 2009, and was discharged in December 2009. Despite this, he continued to experience symptoms and sought the opinions of two personal physicians in June and July 2010, both of whom declared him unfit for sea duty.
Mabunay filed a complaint for total and permanent disability benefits. The Labor Arbiter ruled in his favor, finding him permanently and totally disabled. The National Labor Relations Commission (NLRC) reversed this decision, giving credence to a belated Grade 8 disability assessment issued by the company-designated physician in September 2010. The Court of Appeals reinstated the Labor Arbiter’s ruling, prompting the petitioners to elevate the case to the Supreme Court.
ISSUE
Whether respondent Mabunay is entitled to total and permanent disability benefits.
RULING
Yes, Mabunay is entitled to total and permanent disability benefits. The Supreme Court affirmed the Court of Appeals’ decision. The central legal principle applied is that the failure of the company-designated physician to issue a final and definite assessment of the seafarer’s fitness to work or degree of disability within the 120-day or 240-day periods, as mandated by the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) and jurisprudence, results in the seafarer being deemed totally and permanently disabled.
The Court found that the company-designated physician failed to provide a final assessment within the statutory periods. Mabunay was repatriated on April 29, 2009. The crucial 240-day period ended on December 25, 2009. The only medical document within this period was a December 5, 2009 post-operation note stating Mabunay “tolerated the procedure well,” which is not a final disability assessment. The purported Grade 8 assessment was issued only in September 2010, well beyond the 240-day period. Consequently, the law operates to deem Mabunay’s condition as a total and permanent disability. The conflicting findings of his personal physicians, who declared him unfit for work, further bolster this conclusion. The award of US$60,000 as disability benefits was therefore proper.