Case Digest (G.R. No. 206505)
Facts:
Pastor M. Quiambao was employed as a messman by Centennial Transmarine, Inc. on board the MV *Bonnie Smithwick* under a six-month POEA-approved contract covered by the AMOSUP/ITF CBA. In early August 2006, while lifting heavy provisions, he experienced acute upper back pain and was treated aboard ship with temporary relief. On September 5, 2006, an X-ray in Singapore showed lumbar muscular spasm with disc degeneration at L2/L3 and L5/S1 levels, and thoracic spondylosis from T4/T5 to T7/T8. He was repatriated to Manila on September 18, 2006, where the company-designated physician, Dr. Leticia Abesamis, diagnosed thoraco-lumbar nerve impingement “R/O herniated disc,” ordered MRI studies, and advised against lifting heavy objects. Pastor filed for permanent disability benefits of US$78,750 on November 7, 2006, alleging that his condition remained unresolved after 120 days without a disability grading. The Labor Arbiter (July 31, 2007), the NLRC (April 23 and May 30, 2008), and theCase Digest (G.R. No. 206505)
Facts:
- Employment of Respondent
- Pastor M. Quiambao was employed by Centennial Transmarine, Inc. since 2004 as messman on MV Bonnie Smithwick under a POEA-approved six-month contract, covered by the AMOSUP/ITF-CBA.
- His duties included cleaning accommodations, serving food, carrying heavy provisions, laundering linen, restocking supplies, and other physically strenuous tasks.
- Accident and Initial Treatment
- In the first week of August 2006, while carrying heavy provisions, Pastor suffered excruciating upper back pain. Ship doctor prescribed oral painkillers with only temporary relief.
- On September 5, 2006, he was referred to City Med Health Associates, Singapore. X-ray showed lumbar muscular spasm with disc degeneration at L2/L3 and L5/S1, and thoracic spondylosis from T4/T5 to T7/T8. He was declared fit for light duties only.
- Repatriation and Company-Designated Medical Evaluation
- Repatriated to Manila on September 18, 2006; company-designated physician Dr. Leticia Abesamis diagnosed thoraco-lumbar spine nerve impingement, R/O herniated disc (October 2, 2006), ordered MRI at Makati Medical Center and referral to Dr. Antonio Acosta, Jr.
- MRI revealed straightened lumbar lordosis; physiotherapy recommended. On November 6, 2006, Dr. Abesamis found carpal tunnel syndrome; continued treatment through at least November 20, 2006.
- No definite assessment of fitness to work or disability grading was issued by Dr. Abesamis within the 120-day or extended 240-day period.
- Independent Medical Certificate and Filing of Complaint
- A certificate dated April 17, 2007 from the Seamen’s Hospital declared Pastor totally and permanently disabled due to work-related total disability.
- On November 7, 2006, Pastor filed a complaint against petitioners for total and permanent disability benefits of US$78,750, 120 days sickness wages, moral and exemplary damages, attorney’s fees, and other benefits under the AMOSUP/ITF-CBA.
- Labor Tribunal and Appellate Proceedings
- July 31, 2007: Labor Arbiter ruled that Pastor’s illness was disputably presumed work-related, compensable, and permanent total; awarded US$78,750 plus 10% attorney’s fees.
- April 23 & May 30, 2008: NLRC denied petitioners’ appeal and motion for reconsideration, affirming the Labor Arbiter.
- February 28 & August 9, 2011: Court of Appeals dismissed petitioners’ certiorari petition, declaring osteoarthritis an occupational disease, work-relatedness established, disability permanent total, and affirming the award.
- July 8, 2015: Supreme Court rendered its decision in G.R. No. 198096.
Issues:
- What is the actual illness of the respondent on board the vessel?
- Whether the Court of Appeals erred in affirming the NLRC Decision and Resolution despite the illness not being work-related?
- Whether the Court of Appeals erred in awarding US$78,750 without evidence of Grade I disability?
- Whether the Court of Appeals erred in awarding attorney’s fees?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)