GR 211454; (February, 2015) (Digest)
G.R. No. 211454 , February 11, 2015
MAUNLAD TRANS., INC./CARNIVAL CRUISE LINES, INC., and MR. AMADO L. CASTRO, JR., Petitioners, vs. RODOLFO M. CAMORAL, Respondent.
FACTS
Rodolfo M. Camoral was deployed overseas as an ice carver for 18 years by Carnival Cruise Lines, Inc. through its local agent Maunlad Trans., Inc. In September 2009, while working on board M/S Carnival Sensation, he suffered excruciating neck pain that radiated to his shoulder, chest, and hands, rendering him unfit for duty. An MRI scan revealed cervical disc herniation. He was repatriated on October 4, 2009, and underwent surgery on October 26, 2009. After more than five months of therapy, his condition did not improve, and he continued to suffer pain. The company-designated physician assessed him with a Grade 10 disability (moderate stiffness of the neck) and offered $10,075.00. Camoral consulted a private physician, Dr. Rogelio P. Catapang, Jr., who declared him “UNFIT to work back at his previous occupation as a seafarer” and “UNFIT in any capacity for further sea duties.” Camoral filed a complaint claiming total disability benefits of US$60,000.00 under the POEA Standard Employment Contract (SEC).
ISSUE
Whether Rodolfo M. Camoral is entitled to total and permanent disability benefits.
RULING
Yes. The Supreme Court denied the petition and affirmed the awards of the Labor Arbiter, NLRC, and Court of Appeals. The Court ruled that Camoral’s disability is total and permanent. The test for permanent total disability is the incapacity to perform the same seafaring work he was trained for or accustomed to, or any work of a similar nature. Both the company-designated physician and Camoral’s private doctor declared him unfit to return to his previous work as an ice carver, which required full neck movement, repetitive bending, and lifting. The company’s assessment of only a Grade 10 partial disability was not binding, as it failed to show how the assessment was arrived at and was contradicted by the clear findings of unfitness for sea duties. The inability to resume his work as a seafarer for more than 120 days, coupled with the declaration of unfitness, is akin to a declaration of permanent total disability. Thus, Camoral is entitled to US$60,000.00 in total disability benefits plus attorney’s fees.