Case Digest (G.R. No. 207639)
Facts:
On January 9, 2009, Bahia Shipping Services, Inc. (the petitioner) employed Carlos L. Flores, Jr. (the respondent) as a "Fitter" aboard the vessel Front Fighter, owned by V-Ship Norway, under a nine-month contract governed by a Collective Bargaining Agreement (CBA). On April 15, 2009, while performing maintenance on the vessel, a spring valve unexpectedly flew and struck the left side of Flores' face, resulting in severe dental injuries and multiple abrasions. He was immediately taken to a hospital in Singapore, where he was diagnosed with "blunt injuries to the left side of the face" and deemed unfit to return to work. Following surgery, Flores was repatriated to the Philippines on April 18, 2009, for further treatment. Upon his return, he sought medical attention from the petitioners' accredited doctors, who conducted a series of tests over several months. On July 17, 2009, Dr. Wilanie Romero-Dacanay, the company-designated physician, assigned hi...
Case Digest (G.R. No. 207639)
Facts:
Employment and Injury:
- On January 9, 2009, respondent Carlos L. Flores, Jr. was hired by petitioner Bahia Shipping Services, Inc. as a "Fitter" on board the vessel Front Fighter, owned by V-Ship Norway, for a nine-month contract. This employment was governed by a Collective Bargaining Agreement (CBA).
- On April 15, 2009, while overhauling the relief valve of the vessel, a spring valve flew and hit the left side of respondent's face, causing severe injuries to his teeth and multiple abrasions to his cheek, lips, and nose. He was taken to a hospital in Singapore, diagnosed with "blunt injuries to the left side of face," and declared unfit to return to the ship. After an operation, he was repatriated to the Philippines on April 18, 2009, for further treatment.
Medical Treatment and Disability Assessment:
- Upon repatriation, respondent was treated by petitioners' accredited doctors. On July 17, 2009, Dr. Wilanie Romero-Dacanay, the company-designated physician, gave respondent an interim disability rating of Grade 7 (moderate residual or disorder).
- On September 4, 2009, respondent sought a second opinion from Dr. Rimando C. Saguin, an independent physician, who diagnosed him with "Blunt injury on the Left Face with multiple abrasions, error of refraction, senile nuclear/cortical cataract, both eyes, vitreous floating left eye." Dr. Saguin certified that respondent could no longer work as a seafarer in any capacity.
- On September 10, 2009, respondent filed a complaint before the National Labor Relations Commission (NLRC) for disability benefits. Despite this, he continued treatment with the company-designated physician until October 12, 2009, after which his treatment stopped, and no final disability rating was issued.
Labor Arbiter (LA) Ruling:
- The LA ruled in favor of respondent, declaring him permanently and totally disabled. The LA ordered petitioners to pay respondent US$118,800.00 as permanent total disability benefits under the CBA, along with moral damages, exemplary damages, and attorney's fees.
NLRC Ruling:
- The NLRC affirmed the LA's ruling but deleted the awards for moral and exemplary damages. The NLRC held that the company-designated physician's failure to assess respondent's condition within 120 days from repatriation deemed his disability permanent and total.
Court of Appeals (CA) Ruling:
- The CA affirmed the NLRC's decision, holding that the company-designated physician's failure to declare respondent fit for duty or issue a final disability assessment within 120 days rendered his disability permanent and total.
Issue:
The primary issue before the Court is whether the CA correctly affirmed the NLRC's ruling that respondent is entitled to permanent total disability benefits.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)