GR 238842; (November, 2018) (Digest)
G.R. No. 238842 , November 19, 2018
JON A. PASTOR, PETITIONER, V. BIBBY SHIPPING PHILIPPINES, INC./ CREW LINK INC./CSS CRUISE SHIP SOLUTIONS LTD., AND/OR JONATHAN M. PALMA, RESPONDENTS.
FACTS
Petitioner Jon A. Pastor was hired as an Assistant Butcher and met an accident during a lifeboat drill on August 10, 2014, fracturing his left elbow. He was repatriated and underwent treatment with the company-designated physician. On March 3, 2015, the physician issued an interim disability grading. On April 14, 2015, after more than 240 days from repatriation, the physician issued a final assessment of a 12% partial disability under the CBA. Petitioner, claiming he was unfit for sea duty, consulted an independent physician who declared him permanently unfit. He filed a complaint for total permanent disability benefits.
The Labor Arbiter awarded only partial disability benefits. The NLRC reversed, awarding total permanent disability benefits, ruling that the final assessment was issued beyond the 240-day period, giving rise to a conclusive presumption of total and permanent disability. The Court of Appeals annulled the NLRC decision, reinstating the award of partial disability benefits, holding that the 240-day rule did not apply because the company-designated physician had issued a valid final assessment within the 240-day period, which was merely communicated a day later.
ISSUE
Whether the Court of Appeals erred in ruling that petitioner is entitled only to partial permanent disability benefits and not total permanent disability benefits.
RULING
The Supreme Court granted the petition, reversed the CA decision, and reinstated the NLRC award of total permanent disability benefits. The legal logic centers on the application of the 240-day period for assessment under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) and relevant jurisprudence. The Court held that the company-designated physician must issue a final, definite assessment of the seafarer’s fitness or disability within 120 or 240 days from repatriation. Failure to do so within this period renders the disability total and permanent.
In this case, the accident occurred on August 10, 2014, and petitioner was repatriated on August 15, 2014. The 240-day period ended on April 12, 2015. The company-designated physician’s final assessment, contained in a Medical Report dated April 14, 2015, was issued beyond this period. The Court rejected the CA’s distinction between the issuance and communication of the assessment, emphasizing that the law requires the assessment to be made within the period. Since no final assessment was rendered within 240 days, petitioner’s disability is conclusively presumed to be total and permanent. The award was based on the CBA, and attorney’s fees were granted as petitioner was compelled to litigate.