GR 230901; (December, 2019) (Digest)
G.R. No. 230901 , December 05, 2019
MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISE LINES LTD., AND/OR GARY M. CASTILLO, PETITIONERS, VS. ALLAN F. BUICO, RESPONDENT.
FACTS
Respondent Allan F. Buico was employed by petitioners as a Second Pantryman. While on board, he met an accident causing injury to his right leg and ankle. He underwent surgery in Canada and was repatriated to the Philippines on July 9, 2014 for further treatment. The company-designated physician provided treatment, including 36 physical therapy sessions. On October 11 and November 15, 2014, the physician issued an Interim Disability Grading of Grade 10 under the POEA-SEC. On December 1, 2014, the physician issued a Final Medical Report and a final Disability Grading of Grade 10. Buico consulted his own physician, who declared him unfit for sea duty with a permanent disability status. Buico filed a complaint for permanent and total disability benefits. The Labor Arbiter ruled in favor of petitioners, finding a Grade 10 disability. The NLRC reversed, awarding total and permanent disability benefits. The Court of Appeals affirmed the NLRC. Petitioners filed the instant Petition for Review on Certiorari.
ISSUE
Whether respondent Allan F. Buico is entitled to the award of total and permanent disability benefits.
RULING
No. The Supreme Court granted the petition, set aside the CA Decision and Resolution, and reinstated the Labor Arbiter’s Decision. The Court ruled that the company-designated physician issued a final, accurate, and precise disability grading within the prescribed statutory periods. Buico was repatriated on July 9, 2014. The initial 120-day period ended on November 6, 2014. The Final Medical Report and Disability Grading were issued on December 1, 2014, which was beyond the 120 days but within the extended 240-day period, as the extension was justified by Buico’s need for further medical treatment (36 therapy sessions). The Grade 10 assessment was based on the specific injury and condition described in the medical reports and was in accordance with the POEA-SEC. Since a final assessment was issued within the allowed period, Buico’s disability did not become permanent and total. The failure to resort to a third doctor, as provided under the POEA-SEC, meant the company-designated physician’s assessment became final and binding. Therefore, Buico was only entitled to disability benefits corresponding to Grade 10.