G.R. No. 218242 June 21, 2017
PAULINO M. ALDABA, Petitioner, vs. CAREER PHILIPPINES SHIP-MANAGEMENT, INC., COLUMBIA SHIPMANAGEMENT LTD., and/or VERLOU CARMELINO, Respondents.

FACTS

Petitioner Paulino M. Aldaba was hired as a Bosun. On April 4, 2011, he suffered a back injury after being hit by heavy metal chains. He was declared unfit to work in Hong Kong and repatriated. Upon arrival, he was placed under the care of the company-designated physician. After 163 days of treatment, the physician issued a report stating petitioner had reached maximum medical cure and assessed a Grade 8 disability (moderate rigidity of the trunk) under the POEA Schedule. Petitioner then consulted an independent orthopedic surgeon, who found him permanently disabled and unfit for sea duty in any capacity. He thus claimed total permanent disability benefits.
The Labor Arbiter awarded benefits corresponding only to the Grade 8 assessment. The NLRC reversed, granting total permanent disability compensation of US$60,000. The Court of Appeals reinstated the Labor Arbiter’s decision, holding that the company-designated physician’s assessment, issued within the 240-day period, was controlling.

ISSUE

Whether petitioner is entitled to permanent total disability benefits despite the company-designated physician’s assessment of a Grade 8 partial disability issued within 240 days.

RULING

Yes. The Supreme Court granted the petition and reinstated the NLRC decision awarding total permanent disability benefits. The legal logic hinges on the application of the 120/240-day rule and the concept of permanent total disability. The Court clarified that while the company physician issued a final assessment within 240 days, the decisive factor is the seafarer’s incapacity to perform his customary work for more than 120 days. Petitioner’s injury prevented him from working as a Bosun from April 2011 onward, exceeding 120 days.
The Court emphasized that disability should be understood not merely through a medical grading but through its effect on the seafarer’s capacity to earn a living. A total disability is the inability of a worker to perform his job for more than 120 days. The company physician’s Grade 8 rating, indicating a loss of lifting power, essentially confirmed this incapacity for petitioner’s strenuous duties. The independent doctor’s finding of permanent unfitness for any seafaring work corroborated the total and permanent nature of the disability. Therefore, petitioner’s inability to work for an extended period, coupled with the medical findings, legally entitled him to permanent total disability benefits under the collective bargaining agreement and prevailing jurisprudence.