Case Digest (G.R. No. 183804)
Facts:
This case involves Teodoro B. Bunayog (petitioner) who was employed by Foscon Shipmanagement, Inc. (Foscon) on behalf of its foreign principal, Green Maritime Co., Ltd. (Green), as the chief cook aboard the vessel MIT Morning Breeze for a nine-month contract. On July 31, 2016, while onboard, petitioner developed symptoms including cough, fever, and difficulty breathing. In Japan, he was diagnosed with left lung pneumonia and was declared unfit for sea duty. He was repatriated to the Philippines on August 4, 2016, and referred immediately to a company-designated physician, who diagnosed him with pneumonia with recurrent pleural effusion and treated him until September 28, 2016, when petitioner was declared fit to work. Petitioner later consulted Dr. Noel C. Gaurano, his chosen physician, who declared him unfit for sea duty due to pleural effusion. On November 10, 2016, petitioner, through counsel, sent a letter to respondent Evelyn M. Defensor, president of Foscon, informing herCase Digest (G.R. No. 183804)
Facts:
- Employment and Medical Condition
- Petitioner Teodoro B. Bunayog was employed by Foscon Shipmanagement, Inc., on behalf of its foreign principal Green Maritime Co., Ltd., as chief cook onboard the vessel MIT Morning Breeze for nine months.
- On July 31, 2016, petitioner experienced cough, fever, and difficulty breathing while onboard.
- Diagnosed in Japan on August 2, 2016, with left lung pneumonia and declared unfit for sea duty.
- Repatriated to the Philippines on August 4, 2016, and referred immediately to a company-designated physician.
- Medical Evaluations and Treatment
- Company-designated physician diagnosed pneumonia with recurrent pleural effusion and treated petitioner until September 28, 2016.
- On September 28, a company-designated physician declared petitioner fit to resume work.
- Petitioner consulted his own doctor, Dr. Noel C. Gaurano, who declared him unfit for sea duty due to pleural effusion.
- Communication and Legal Actions
- On November 10, 2016, petitioner sent a letter to respondent Foscon's president, Evelyn M. Defensor, informing her of the contrary medical findings and willingness to undergo a third medical examination to resolve the conflict.
- Respondents did not respond to the letter.
- Petitioner filed a complaint for total and permanent disability benefits amounting to USD 60,000.00, plus transportation expenses and attorney’s fees.
- Labor Arbiter and NLRC Decisions
- Labor Arbiter dismissed the complaint, favoring the company-designated physician's findings over the petitioner's physician.
- NLRC affirmed the Labor Arbiter's dismissal, ruling that referral to a third doctor requires mutual agreement, which was absent.
- Court of Appeals Decision
- The CA affirmed NLRC's decision, excluding the petitioner’s physician’s report as it lacked medical tests and was based on general observation.
- The petition for reconsideration was denied.
- Supreme Court Involvement
- Petitioner filed a Petition for Review on Certiorari seeking total and permanent disability benefits.
Issues:
- Whether petitioner is entitled to total and permanent disability benefits.
- Whether attorney’s fees and moral damages should be awarded.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)