GR 209302; (July, 2014) (Digest)
G.R. No. 209302, July 9, 2014
ALONE AMAR P. TAGLE, Petitioner, vs. ANGLO-EASTERN CREW MANAGEMENT, PHILS., INC., ANGLO-EASTERN CREW MANAGEMENT (ASIA) and CAPT. GREGORIO B. SIALSA, Respondents.
FACTS
Petitioner Alone Amar P. Tagle was hired as a 3rd Engineer on June 16, 2008. On July 19, 2008, two days after boarding the vessel, he was found unconscious in the engine room. He was diagnosed in Pakistan with cervical spondylosis and heat exhaustion and was repatriated. In the Philippines, the company-designated physician diagnosed him with cervical and lumbar spondylosis, chronic L5 spondylosis, and Grade 1 spondylolisthesis. He underwent treatment and rehabilitation from August to October 2008. On November 6, 2008, the company-designated physician suggested a disability grading of Grade 12 (neck) and Grade 11 (chest-trunk-spine). Petitioner continued treatment until January 6, 2009, when he was advised to report back on February 3, 2009. Instead, he consulted his personal physician, Dr. Nicanor F. Escutin, who diagnosed him with various disc herniations and spondylosis and declared him permanently disabled and unfit for sea duty. Petitioner filed a complaint for permanent total disability benefits. The Labor Arbiter granted his claim. The NLRC modified the award, lowering the disability grading to Grade 11. The Court of Appeals affirmed the NLRC decision.
ISSUE
Whether the petitioner is entitled to permanent total disability benefits.
RULING
No. The Supreme Court denied the petition. The findings of the company-designated physicians, who treated the petitioner from July 2008 to January 2009, are accorded greater weight than the single examination by the petitioner’s personal physician. The company-designated physicians suggested a disability grading of Grade 11 and Grade 12 under the POEA-SEC, which corresponds to a partial, not total, disability. The mere declaration of “permanent disability” by a personal physician, without correlation to the POEA-SEC disability gradings, is insufficient to claim total disability benefits. Furthermore, the petitioner filed his complaint only 196 days after his injury, before the 240-day period for the company-designated physician to make a definitive assessment had lapsed. Thus, the award of disability benefits corresponding to Grade 11 was proper.