G.R. No. 229451 , February 10, 2021
ABNER P. SALONGA, PETITIONER, VS. SOLVANG PHILIPPINES, INC. AND/OR SOLVANG MARITIME AS AND VIRGILIO A. LOPEZ, JR., RESPONDENTS.

FACTS

Petitioner Abner P. Salonga was hired as Chief Steward by respondents. In July 2012, while working on board, he felt pain in his neck and back, which later intensified. He was examined in Bangkok in November 2012 and diagnosed with C-spondylosis, myofascial pain, and L-spondylosis, with a remark of “not unfit.” He was repatriated on January 12, 2013. Upon reporting to respondents, he was referred to the company-designated physician. Medical tests revealed cervical spondylosis and other spinal conditions. The company-designated physician did not issue a final disability assessment. Petitioner consulted an independent orthopedist, Dr. Raymundo, on June 25, 2013, who declared him unfit to return to work. Respondents claimed the company-designated physician, Dr. Lim, issued interim assessments (Grade 12 for neck and Grade 8 for back) and that another company-designated physician, Dr. Chuasuan, issued final disability ratings (Grade 12 for cervical and Grade 8 for trunk) on May 23, 2013. The Labor Arbiter awarded petitioner US$110,000.00 under the CBA. The NLRC modified this, awarding US$60,000.00 for total and permanent disability, finding the company-designated physician failed to issue a definite assessment within 120 days. The Court of Appeals reversed the NLRC, awarding only US$22,020.00 for partial permanent disability (Grades 8 and 12), holding the company-designated physicians’ assessments prevailed and that mere lapse of 120 days does not automatically grant total permanent disability benefits.

ISSUE

Whether petitioner is entitled to total and permanent disability compensation due to the failure of the company-designated physician to issue a definite medical assessment on petitioner’s disability or fitness to work within the required 120 or 240-day period.

RULING

Yes. The Supreme Court granted the petition, reversed the Court of Appeals, and reinstated the NLRC Decision with modification. The Court ruled that under the rules summarized in Elburg Shipmanagement Phils., Inc., et al. v. Quiogue, the company-designated physician must issue a final medical assessment within 120 days from the seafarer’s report. If no assessment is issued within 120 days without justifiable reason, the seafarer’s disability becomes permanent and total. The Court found that the alleged final assessment by Dr. Chuasuan on May 23, 2013, was issued beyond the 120-day period from petitioner’s repatriation on January 13, 2013. Respondents failed to prove any justifiable reason for the delay. Consequently, petitioner’s disability is deemed total and permanent. The award of US$60,000.00 as total and permanent disability benefits by the NLRC was reinstated, with the addition of legal interest at 6% per annum from the finality of the decision until full payment.