GR 256137; (October, 2024) (Digest)
G.R. No. 256137 & G.R. No. 256154, October 16, 2024
MAERSK-FILIPINAS CREWING, INC. AND A.P. MOLLER A/S, PETITIONERS, VS. EUGENIO T. LUMAGAS, RESPONDENT. [G.R. No. 256154] EUGENIO T. LUMAGAS, PETITIONER, VS. MAERSK-FILIPINAS CREWING, INC. AND/OR REY AUTHER CRUZ, RESPONDENTS.
FACTS
Eugenio T. Lumagas was hired as an Electrical Engineer by Maersk-Filipinas Crewing, Inc. and A.P. Moller A/S. Prior to his deployment in January 2015, he was declared “fit to work.” On May 7, 2015, while working onboard the vessel, he suffered extreme chest pains and breathing difficulty. He was medically repatriated on May 16, 2015. The company-designated physician diagnosed him with Deep Vein Thrombosis, Ischemic Heart Disease, and Protein-S Deficiency. After treatment, the company physician issued a final disability grading of Grade 7 (moderate or residual disorder) on October 13, 2015. Lumagas then consulted his own physician, Dr. May S. Donato-Tan, who concluded on December 9, 2015, that his illness permanently and totally disabled him from work as a seafarer. Lumagas filed a complaint for total and permanent disability benefits on December 14, 2015.
The Labor Arbiter ruled in favor of Lumagas, awarding total and permanent disability benefits. The National Labor Relations Commission (NLRC) modified the ruling, granting only permanent and partial disability benefits (Grade 7) because Lumagas failed to observe the conflict resolution procedure under the POEA-SEC by not referring the conflicting medical assessments to a third doctor. The Court of Appeals affirmed the NLRC ruling.
ISSUE
Whether Lumagas is entitled to total and permanent disability benefits.
RULING
No. The Supreme Court denied the petitions and affirmed the assailed CA rulings. Lumagas is entitled only to permanent and partial disability benefits corresponding to Grade 7. The company-designated physician issued a final assessment within the 120/240-day period, giving a Grade 7 disability rating. Lumagas failed to comply with the conflict-resolution procedure under the POEA-SEC, which requires that in case of conflicting assessments, a third doctor jointly agreed upon by the parties must be consulted. By not initiating this process, the assessment of the company-designated physician became final. The Court found that Lumagas’s illnesses, while work-related, were properly assessed as not constituting total and permanent disability under the terms of his contract and prevailing jurisprudence.