G.R. No. 241674 , June 10, 2020
Zaldy C. Razonable, Petitioner, vs. Maersk-Filipinas Crewing, Inc. and/or A.P. Moller A/S, Respondents.

FACTS

Petitioner Zaldy C. Razonable was employed as an Ordinary Seaman by respondents. On May 6, 2015, while carrying a heavy ripper motor, he felt a click on his back with pain and was later diagnosed with “Prolapse Lumbar Disc L4-L5 and L5-S1, back pain with Sciatica.” He was repatriated on June 17, 2015. The company-designated physicians treated him, and he underwent surgery on July 27, 2015. On October 9, 2015, the company-designated orthopedic surgeon, Dr. Bergonio, issued a “final disability grading” of Disability Grade 11 (1/3 loss of lifting power) and declared him “unfit for work.” However, on the same date, another company-designated physician, Dr. Cruz-Balbon, issued a follow-up report advising the petitioner to continue medication and rehabilitation and to return on November 5, 2015, for re-evaluation. The petitioner refused the offered Grade 11 benefits and consulted his own doctor, who declared him permanently unfit for sea duties. His demand for total permanent disability benefits was ignored by respondents, prompting him to file a complaint with the NCMB. The NCMB awarded him total permanent disability benefits of US$80,000.00 under the CBA. The Court of Appeals reversed the NCMB, ruling that the injury was not due to an accident, that the applicable CBA for ratings provided a maximum of US$60,000.00, that the company-designated physician’s opinion deserved more credence, and that the petitioner was only entitled to Grade 11 benefits worth US$7,465.00.

ISSUE

Whether petitioner Zaldy C. Razonable is entitled to total and permanent disability benefits.

RULING

Yes. The Supreme Court granted the petition and reversed the Court of Appeals. The company-designated physicians failed to issue a valid final and definitive medical assessment within the 120/240-day periods prescribed under the 2010 POEA-SEC. The October 9, 2015 assessment, while labeled “final,” required the petitioner to return for further re-evaluation on November 5, 2015, indicating it was not conclusive. Since no definitive assessment was issued within the allowed periods, the petitioner’s disability is deemed permanent and total. The applicable benefit is US$60,000.00 under the CBA for Filipino crew members or “ratings,” not the US$80,000.00 for officers erroneously cited by the NCMB, nor the Grade 11 benefit of US$7,465.00 awarded by the CA. The petitioner is also entitled to attorney’s fees of ten percent (10%) of the award. Respondents are jointly and severally liable to pay the US$60,000.00 plus attorney’s fees, with interest at 6% per annum from the finality of the decision until full payment.