Case Digest (G.R. No. 154798)
Facts:
Crystal Shipping, Inc. and/or A/S Stein Line Bergen employed Deo P. Natividad as chief mate of M/V Steinfighter. Natividad developed a thyroid malignancy, was repatriated on August 18, 1998, underwent total thyroidectomy and other treatments, and was variously assessed as having a grade 9 impediment by company doctors and a grade 1 impediment by a private physician; petitioners paid medical expenses and offered US$13,060, which respondent rejected and then filed a complaint with the Regional Arbitration Branch (RAB).The RAB awarded US$60,000 as disability benefits, P100,000 moral damages, and attorney’s fees; the NLRC initially reversed but on reconsideration affirmed the RAB only as to disability benefits; petitioners sought an extension to file a petition for certiorari with the Court of Appeals, which denied the motion and subsequently denied reconsideration, after which petitioners elevated the case to the Supreme Court.
Issues:
- Did the Court of Appeals err in denying p
Case Digest (G.R. No. 154798)
Facts:
- Employment and contractual relationship
- A/S Stein Line Bergen, through its local manning agent Crystal Shipping, Inc., employed Deo P. Natividad as Chief Mate of M/V Steinfighter for a period of ten months.
- Onset of illness and initial diagnosis
- During the contract period, respondent complained of coughing and hoarseness and was brought to shore for examination.
- He was diagnosed with "swelling neck and lymphatic glands right side in neck", declared unfit for duty, and advised to see an ear-nose-throat specialist.
- Repatriation and hospital treatment
- Respondent was repatriated to Manila on August 18, 1998.
- He was referred to ClinicoMed Inc., later examined at Manila Doctors Hospital, and diagnosed with "papillary carcinoma, metastatic to lymphoid tissue consistent with thyroid primary" and "reactive hyperplasis, lymph node".
- On September 11, 1998, respondent underwent total thyroidectomy with radical neck dissection.
- Postoperatively, he developed chest complications and pleural effusion and underwent thoracentesis.
- Medical assessments of disability
- The attending physician diagnosed respondent permanently disabled with a grade 9 impediment under Section 30 of Memorandum Circular No. 55, Series of 1996.
- A second opinion by Dr. Robert D. Lim of Marine Medical Services and Metropolitan Hospital concurred that respondent had a grade 9 impediment.
- Dr. Efren R. Vicaldo later opined that respondent was totally and permanently disabled with a grade 1 impediment.
- On February 22, 1999, a whole body scan revealed no trace of radio iodine; Dr. Wilson D. Lim confirmed earlier assessments of disability with a grade 9 impediment.
- Payments, offers and initial proceedings
- Petitioners shouldered all medical expenses and paid allowable illness allowances commensurate with a grade 9 impediment.
- On June 25, 1999, petitioners offered US$13,060 as disability benefits, which respondent rejected and instead claimed US$60,000 for a grade 1 impediment.
- Respondent filed a complaint with the Regional Arbitration Branch (RAB) for disability benefits, illness allowance, damages and attorney's fees.
- Labor Arbiter and NLRC actions
- The Labor Arbiter ruled for respondent and ordered payment of US$60,000 as disability benefits, P100,000 moral damages, and ten percent of the total monetary award as attorney's fees.
- The National Labor Relations Commission (NLRC) initially reversed the RAB on the ground that findings of company-designated doctors were binding under the POEA Standard Employment Contract.
- Upon respondent's motion for reconsideration, the NLRC cited jurisprudence that company-designated doctors' findings are self-serving and affirmed the RAB only with respect to the award of disability benefits.
- Court of...(Subscriber-Only)
Issues:
- Procedural requisites and extension of time
- Whether the Court of Appeals erred in denying petitioners' motion for extension of time to file a petition for certiorari under Rule 65 on the ground of "pressure of work".
- Whether petitioners' failure to file a motion for reconsideration of the NLRC decision precluded relief and required dismissal of their petition for certiorari.
- Substantive entitlement to disability benefits
- Whether respondent was entitled to total and permanent disability benefits graded as grade 1 under Section 30 of POEA Memorandum Circular No. 55, Series of 1996.
- Whether the findings of company-designated doctors ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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