G.R. No. 240054 , March 18, 2021
Saturnino A. Elevera, Petitioner, vs. Orient Maritime Services, Inc./OSM Crew Management, Inc./Ms. Venus Rico, Respondents.

FACTS

Petitioner Saturnino A. Elevera was deployed as a 3rd Engineer on January 30, 2013. In March 2013, he complained of ringing in his left ear and dizziness, was diagnosed with “Ear-Vertigo and other Vestibular Disorder-Stress Related” abroad, and was repatriated on March 21, 2013. The company-designated physician diagnosed him with Mild Sensorineural Hearing Loss (right ear), Moderate Sensorineural Hearing Loss (left ear), Vestibular Neuronitis, Hypertensive Cardiovascular Disease, and Blepharitis. On July 1, 2013, a company doctor recommended a Grade 10 disability rating for Vestibular Neuronitis. On August 30, 2013, the same doctor diagnosed Meniere’s Disease and declared Elevera permanently unfit for sea duties. Elevera filed a complaint for permanent total disability benefits on September 27, 2013. The company later submitted a report dated October 16, 2013, stating his condition was not work-related but due to age and diet. Elevera submitted a medical evaluation from his personal doctor dated February 3, 2014, stating his illness was work-aggravated and he was unfit for work. The Labor Arbiter dismissed the complaint for lack of merit, finding Elevera failed to prove work-relatedness. The NLRC reversed, awarding US$60,000.00 as permanent total disability benefits, finding the illness work-related. Upon reconsideration, the NLRC modified its award to US$44,405.00 as partial disability benefit (Grade 3). The Court of Appeals, in a consolidated petition, affirmed the NLRC’s finding of work-relatedness and partial disability (Grade 3) but reduced the amount to US$39,180.00 and awarded attorney’s fees.

ISSUE

Whether the Court of Appeals erred in affirming the NLRC’s award of only Grade 3 partial disability benefits to petitioner.

RULING

The Supreme Court denied the petition and affirmed the assailed Court of Appeals Decision and Resolution. The Court held that the petitioner failed to establish that his disability was total and permanent. The company-designated physician assessed his disability within the 120/240-day period, and the assessment of a Grade 3 disability (complete loss of hearing of both ears) was supported by the medical findings. The petitioner’s personal doctor’s assessment was issued beyond the 240-day period without justification and was therefore not considered. The award of attorney’s fees was proper due to the respondents’ failure to satisfy the petitioner’s valid claim. The monetary award was subject to legal interest.