GR 226103; (January, 2018) (Digest)
G.R. No. 226103 . January 24, 2018.
Generato M. Hernandez, Petitioner, vs. Magsaysay Maritime Corporation, Saffron Maritime Limited and/or Marlon R. Roño, Respondents.
FACTS
Petitioner Generato M. Hernandez was hired as Head Wine Waiter. On November 16, 2012, while lifting a box of wine, the vessel rolled, causing him to fall and injure his back. He was medically repatriated. The company-designated physician diagnosed him with lumbar conditions and, after treatment, assessed him with a Grade 11 disability (slight rigidity or one-third loss of lifting power). Petitioner’s personal physician, however, declared him unfit to resume his seafaring work. The Labor Arbiter awarded permanent total disability benefits, ruling disability is measured by loss of earning capacity. The NLRC affirmed but deleted the sickness allowance.
ISSUE
Whether petitioner is entitled to permanent total disability benefits despite the company-designated physician’s assessment of only a partial permanent disability (Grade 11).
RULING
No. The Supreme Court reversed the CA and reinstated the NLRC decision with modification, ultimately denying the claim for permanent total disability benefits. The legal logic is anchored on the binding nature of the company-designated physician’s assessment under the POEA-SEC, absent any bad faith or grave abuse of discretion. The Court emphasized that a Grade 11 disability assessment is explicitly classified under the contract as a partial permanent disability, not a total one. The schedule of disabilities in Section 32 of the POEA-SEC is conclusive.
The petitioner’s argument—that his inability to work as a seafarer constitutes total disability—was rejected. The Court held that disability should be understood primarily based on the medical assessment per the agreed contractual schedule, not solely on a presumed loss of earning capacity. Since the company-designated physician issued a definitive partial disability grade within the 120/240-day period, and petitioner failed to validly contest it by invoking the third-doctor referral process, the assessment became final. The award of sickness allowance was correctly deleted by the NLRC as it was not pursued on appeal. Petitioner is entitled only to the compensation corresponding to a Grade 11 disability.