Case Digest (G.R. No. 230352)
Facts:
- Petitioners: Career Philippines Shipmanagement Inc., Columbia Shipmanagement, and Verlou R. Carmelino.
- Respondent: Ardel S. Garcia.
- Garcia filed a complaint for total and permanent disability benefits on June 19, 2013, registered as NLRC NCR Case No. OFW (M)-06-08883-13.
- Employed as a bosun on the vessel Cape Bastia with a basic salary of USD 690.00 since February 19, 2011.
- Responsibilities included overseeing deck operations, operating tools, managing inventory, and ensuring seaworthiness.
- On November 19, 2011, while in Lexum, Portugal, Garcia was thrown overboard due to rough seas, sustaining a pneumothorax.
- Treated in a Portuguese hospital and repatriated on December 2, 2011.
- Underwent treatment by company-designated physician Dr. Nicomedes Cruz until April 2, 2012.
- Declared fit to work on April 16, 2012, but continued to experience chest pains.
- Sought a second opinion from personal physician Dr. May S. Donato-Tan, who concluded he was permanently disabled.
- Petitioners contested the claim, asserting Garcia was fit to work.
- Labor Arbiter dismissed the complaint; NLRC reversed this decision, awarding benefits to Garcia.
- Court of Appeals affirmed NLRC's ruling but absolved Carmelino of personal liability.
- Petitioners sought review from the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the Court of Appeals' decision and reinstating the Labor Arbiter's ruling that ...(Unlock)
Ratio:
- The Supreme Court highlighted the importance of the company-designated physician's assessment under the Philippine Overseas Employment Administration (POEA) Standard Employment Contract in determining a seafarer's disability.
- If a seafarer disagrees with the company-designated physician's assessment, they may seek a second opinion from their own physician.
- In cases of conflicting assessments, a third doctor must be consulted, whose decision is final and binding.
- The company-...continue reading
Case Digest (G.R. No. 230352)
Facts:
The case involves Career Philippines Shipmanagement Inc., Columbia Shipmanagement, and Verlou R. Carmelino as petitioners, and Ardel S. Garcia as the respondent. The events leading to the case began on June 19, 2013, when Garcia filed a complaint for total and permanent disability benefits and damages, which was registered as NLRC NCR Case No. OFW (M)-06-08883-13. Garcia was employed as a bosun on the vessel Cape Bastia, with a basic salary of USD 690.00, starting February 19, 2011. His responsibilities included overseeing deck operations, operating tools, managing inventory, and ensuring the vessel's seaworthiness.
On November 19, 2011, while the vessel was in Lexum, Portugal, it encountered rough seas, leading to Garcia being thrown overboard. He sustained injuries, including a pneumothorax, and was treated in a Portuguese hospital. After being repatriated on December 2, 2011, he was attended to by the company-designated physician, Dr. Nicomedes Cruz, who treated him until April 2, 2012. Despite being declared fit to work on April 16, 2012, Garcia continued to experience chest pains and sought a second opinion from his personal physician, Dr. May S. Donato-Tan, who concluded that Garcia was permanently disabled.
The petitioners contested Garcia's claim, asserting that he...