Case Digest (G.R. No. 248445)
Case Digest (G.R. No. 248445)
Facts:
Nicasio M. Dagasdas v. Trans Global Maritime Agency, Inc., G.R. Nos. 248445 and 248488, May 12, 2021, Supreme Court Third Division, Inting, J., writing for the Court.Petitioner Nicasio M. Dagasdas was employed on September 30, 2015 by Trans Global Maritime Agency, Inc. as Pumpman for the foreign principal Goodwood Ship Management Pte. Ltd. His contract provided a monthly basic salary of US$783 and his employment was covered by the AMOSUP/ITF TCCC NON-IBF Collective Bargaining Agreement (CBA) as well as the POEA Standard Employment Contract (POEA-SEC). Prior to deployment he was declared fit for sea duty following pre-employment medical examination.
While aboard the vessel in January 2016, Dagasdas developed symptoms consistent with a pulmonary condition; after medical evaluation in Fujairah he was repatriated to the Philippines on February 9, 2016. Company-designated clinic Marine Medical Services (MMS) diagnosed pulmonary tuberculosis and prescribed anti-Koch treatment; follow-up reports through August 12, 2016 showed continued symptoms and further imaging was ordered.
On August 24, 2016 the company-designated physician, Dr. Percival Pangilinan, issued a fit-to-work certificate. Dagasdas, however, remained unable to secure redeployment; his private physician, Dr. May S. Donato‑Tan, performed chest x-rays on October 4, 2016 and diagnosed chronic obstructive pulmonary disease secondary to complicated pulmonary tuberculosis with cavitations, declaring him permanently disabled for sea service.
Dagasdas initiated the Single-Entry Approach (SEnA) and filed a Notice to Arbitrate (March 29, 2017). The parties agreed to voluntary arbitration; in his position paper Dagasdas contested Trans Global’s reliance on the company doctor and sought referral to a third doctor. Trans Global declined settlement and did not activate a jointly agreed third-doctor referral, asserting that the company-designated physician had declared him fit and that Dagasdas failed to timely invoke the third‑doctor mechanism under the POEA-SEC.
The Office of the Voluntary Arbitrator (OVA) issued a Decision dated April 4, 2018 awarding Dagasdas total and permanent disability benefits of US$96,909.00 under the AMOSUP/ITF CBA, giving greater weight to Dr. Donato‑Tan’s findings than to the company doctor’s fit-to-work certificate. Trans Global sought review in the Court of Appeals (CA) via a Petition for Review with urgent application for TRO/WPI.
The CA rendered its Decision dated March 6, 2019 affirming the finding of permanent total disability but modified the award, holding that Dagasdas’ entitlement was governed by the POEA-SEC minimum benefit of US$60,000.00 because the company-designated physician did not issue a disability grading or a certification of permanent unfitness and thus the CBA’s permanent medical unfitness clause did not apply. Both parties filed separate Petitions for Review on Certiorari under Rule 45; the Court consolidated the petitions by Resolution dated October 14, 2019 and the Court now resolves the consolidated appeals.
Issues:
- Was Dagasdas’s claim for disability benefits premature or dismissible for failing to comply with the third‑doctor referral provision?
- Was the fit‑to‑work certification issued by the company‑designated physician medically sound and binding?
- Is Dagasdas entitled to disability compensation under the AMOSUP/ITF TCCC NON‑IBF CBA (US$96,909.00) or under the POEA‑SEC (US$60,000.00), and is he entitled to sickness allowances and attorney’s fees?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)