G.R. No. 222348 , November 20, 2019
JHEROME G. ABUNDO, PETITIONER VS. MAGSAYSAY MARITIME CORPORATION, GRAND CELEBRATION LDA AND/OR MARLON ROÑO, RESPONDENTS.

FACTS

Petitioner Jherome G. Abundo was employed as an Able Seaman by respondents Magsaysay Maritime Corporation and Grand Celebration LDA. On December 15, 2012, while securing a lifeboat, a metal block hit his right forearm, causing a fracture. He was medically repatriated on January 7, 2013. The company-designated physician treated him, and on April 22, 2013, issued an interim assessment of Grade 10 disability (ankylosis of the left wrist in normal position). Another company surgeon suggested a Grade 10 disability on April 26, 2013. Petitioner sought a second opinion from an independent doctor, Dr. Rogelio P. Catapang, who declared him “UNFIT to work back at his previous occupation” and “UNFIT in any capacity for further strenuous duties.” Petitioner demanded maximum disability benefits. Respondents offered US$10,075.00, equivalent to a Grade 10 disability. Petitioner filed a labor complaint for permanent and total disability benefits. The Labor Arbiter ruled in favor of petitioner, awarding US$60,000.00. The NLRC affirmed the decision. The Court of Appeals reversed the NLRC, holding that referral to a third doctor was mandatory and that petitioner was only entitled to US$10,075.00 for a Grade 10 disability.

ISSUE

Whether the Court of Appeals erred in reversing the NLRC’s decision which awarded permanent and total disability benefits to petitioner, specifically concerning the application of the conflict-resolution procedure (third-doctor referral) and the assessment of disability grade.

RULING

The Supreme Court granted the petition, reversed the Court of Appeals Decision and Resolution, and reinstated the NLRC Decision awarding permanent total disability benefits. The Court ruled that the petitioner’s failure to refer the conflicting medical assessments to a third doctor was not fatal to his claim. The company-designated physician’s assessment was merely an “interim” one, not final, and was issued without a definite declaration of fitness to work or an assessment of permanent disability. The Court emphasized that the primordial consideration in disability compensation is the incapacity to work resulting in the impairment of one’s earning capacity. Given that more than 240 days had lapsed without a final assessment from the company-designated physician, and considering the independent doctor’s finding of unfitness for sea duty, the petitioner was deemed permanently and totally disabled. The award of attorney’s fees was also proper under Article 2208 of the Civil Code.