Case Digest (G.R. No. 203804)
Facts:
Dario A. Carcedo (Substituted by his wife Priscilla Dela Cruz-Carcedo) v. Maine Marine Philippines, Inc. and/or Misuga Kajun Co., Ltd., G.R. No. 203804, April 15, 2015, Supreme Court Second Division, Carpio, J., writing for the Court. The petition challenges the Court of Appeals’ decision and resolution that nullified the NLRC’s grant of full disability benefits and reinstated the Labor Arbiter’s award of partial disability.Petitioner Carcedo was hired on 6 August 2008 by Maine Marine Philippines, Inc. for service as Chief Officer on board M/V Speedwell under a nine‑month POEA Standard Employment Contract (with overriding IBF‑JSU/AMOSUP‑IMMAJ CBA), earning US$1,350 monthly. After boarding on 10 August 2008, he sustained a foot injury in November 2008; his condition deteriorated after a deck accident and in January 2009 he was treated in Japan for a possible sepsis and open fracture. He was repatriated on 20 January 2009 and treated by company‑designated physician Dr. Nicomedez Cruz at Manila Doctors Hospital, where he underwent debridement and disarticulation of the right big toe on 26 January 2009 and was later diagnosed with diabetes mellitus and gangrene.
Dr. Cruz gave an impediment grading of 8% loss of the first toe and some metatarsal bone on 24 March 2009, but petitioner continued to require further hospitalizations and surgeries (including removal of the right first metatarsal on 27 May 2009 and subsequent amputation of the second toe by Dr. Alan Raymundo on 30 November 2009). Carcedo filed a complaint on 21 October 2009 for total and permanent disability benefits of US$148,500, sickness allowance and consequential damages.
Before the Labor Arbiter, Carcedo argued his injury was work‑related and rendered him permanently unfit for sea duty; respondents relied on the CBA schedule and the company‑physician’s 8% rating and offered partial disability under the CBA. On 30 November 2010 the Labor Arbiter denied full disability and ordered payment of partial disability of US$11,800, reasoning that the contract (CBA/POEA‑SEC) governed.
On appeal the National Labor Relations Commission (NLRC) reversed the Labor Arbiter on 8 March 2011 and awarded full disability of US$148,500 plus attorneys’ fees, crediting Dr. Raymundo’s findings and applying the Court’s definition of permanent disability (e.g., Crystal Shipping v. Natividad). The NLRC denied reconsideration in a 27 May 2011 resolution.
Respondents sought certiorari from the Court of Appeals (CA‑G.R. SP No. 120706). The Court of Appeals, in a Decision dated 29 June 2012 (and Resolution 5 October 2012), reinstated the Labor Arbiter’s partial award, holding the 8% comp...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in refusing to award petitioner total and permanent disability benefits under the CBA and applicable labor law?
- Did the Court of Appeals err in denying petitioner moral/exemplary damages and at...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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