Case Digest (G.R. No. 249358)
Facts:
Gregorio F. Abella v. Abosta Shipmanagement Corporation, Panstar Shipping Co., Ltd., and Alex S. Estabillo, G.R. No. 249358, April 28, 2021, the Supreme Court First Division, Caguioa, J., writing for the Court. Petitioner Gregorio F. Abella (Abella) worked as an oiler under a 10‑month contract aboard M/V Sino Trader, deployed March 20, 2016, by respondent Abosta Shipmanagement Corporation for its foreign principal, respondent Panstar Shipping Co., Ltd. On June 23, 2016, while carrying ship supplies, Abella felt a sudden snap in his left lower back with radiating pain; he received onboard treatment, was sent to medical facilities in Singapore and Brazil, and was repatriated to the Philippines on August 6, 2016.Upon return, Abella reported to the company-designated physician on August 8, 2016; the company physician later issued a medical assessment dated November 22, 2016 rating Abella as Grade 8 disability (partial disability) under the POEA Standard Employment Contract (POEA‑SEC). Abella alleges respondents ceased his treatment February 16, 2017. On April 25, 2017 Dr. Cesar H. Garcia (Abella’s private orthopedist) examined him, diagnosed disc protrusion L5‑S1 with radiculopathy, and declared him permanently unfit for sea duty. Abella filed a complaint on May 24, 2017 for total and permanent disability benefits, medical expenses, damages, and attorney’s fees; respondents relied on the November 22, 2016 company physician assessment and contended Abella failed to secure a third‑doctor assessment.
At the Labor Arbiter (LA), Abella’s complaint was dismissed for lack of merit but respondents were ordered to pay Grade 8 disability benefits of US$16,795.00; the LA favored the company physician’s assessment over Dr. Garcia’s one‑time examination and held company officers jointly liable under Section 10 of R.A. No. 10022. The National Labor Relations Commission (NLRC) denied Abella’s appeal in a Decision dated May 24, 2018, affirming the LA and holding the November 22, 2016 assessment dispositive; a motion for reconsideration was denied June 18, 2018.
Abella filed a petition for certiorari with the Court of Appeals (CA); the CA denied the petition, affirming the NLRC in the assailed Decision dated May 22, 2019 and denying reconsideration in an August 28, 2019 Resolution. Abell...(Subscriber-Only)
Issues:
- Is petitioner Abella entitled to total and permanent disability benefits under the POEA‑SEC?
- Is petitioner Abella entitled to moral and exemplary damages and attorn...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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