GR 211882; (July, 2015) (Digest)
G.R. No. 211882, July 29, 2015
Elburg Shipmanagement Phils., Inc., Enterprise Shipping Agency SRL and/or Evangeline Racho, Petitioners, vs. Ernesto S. Quiogue, Jr., Respondent.
FACTS
Respondent Ernesto S. Quiogue, Jr. was hired by petitioners as an Able Bodied Seaman. On November 11, 2010, while on duty, a fire wire accidentally dropped on his left foot, fracturing a metatarsal bone. He was repatriated on November 19, 2010, and diagnosed with a “non-displaced Fracture of the Cuneiform Bone, Left Foot.” He underwent treatment with the company-designated physician from November 2010 to April 2011. On April 13, 2011, the company-designated physician certified him as “fit to work.” However, due to continued pain, Quiogue sought a second opinion from Dr. Nicanor Escutin, an orthopedic surgeon, who concluded he had a “PERMANENT DISABILITY” and was “UNFIT FOR SEADUTY.” Quiogue filed a complaint for total permanent disability benefits. The Labor Arbiter ruled in his favor, awarding US$89,000.00. The NLRC affirmed, noting his disability was considered permanent and total because he was only certified fit after more than 120 days from repatriation. The Court of Appeals affirmed the NLRC but deleted the attorney’s fees award. Petitioners argue that the company-designated physician’s “fit to work” assessment should prevail, that Quiogue’s prior receipt of disability benefits from a former employer should bar this claim, and that the 120-day period is not the sole basis for permanent total disability.
ISSUE
Whether respondent Ernesto S. Quiogue, Jr. is entitled to permanent total disability benefits.
RULING
Yes. The Supreme Court denied the petition and affirmed the Court of Appeals decision with modification, reinstating the award of attorney’s fees. The Court held that the company-designated physician must issue a final medical assessment within the 120-day period, extendable to 240 days if justified. Here, the “fit to work” certification was issued on April 13, 2011, which was 145 days from Quiogue’s repatriation on November 19, 2010, and beyond the 120-day period without any justification for an extension. Consequently, his disability was deemed permanent and total. The Court further ruled that a seafarer’s prior receipt of disability benefits from a different employer for a separate injury does not bar a subsequent claim for a new work-related injury under a new contract. The findings of the seafarer’s chosen physician may be accorded weight, especially when the company-designated physician’s assessment is issued beyond the prescribed period. The award of attorney’s fees was reinstated as petitioners’ failure to satisfy Quiogue’s valid claim constituted bad faith.