Case Digest (G.R. No. 236570)
Facts:
Lemuel Deocampo v. Seacrest Maritime Management, Inc., Nordic Tankers Marine A/S Denmark and Geziel De Guzman, G.R. No. 236570, June 14, 2021, Supreme Court Third Division, Lopez, J., writing for the Court.Lemuel Deocampo (petitioner) was employed as a fitter aboard the MT Harbour Clear by Seacrest Maritime Management, Inc. for and on behalf of employer Nordic Tankers Marine A/S‑Denmark under a Contract of Employment incorporating an ITF/IBF/TCC fleet Collective Bargaining Agreement (CBA) and the POEA Standard Employment Contract (POEA‑SEC); his contract was also covered by the compulsory insurance under Section 37‑A of R.A. No. 8042, as amended by R.A. No. 10022. He boarded the vessel on October 2, 2014 and, after becoming symptomatic, was repatriated to Manila on April 5, 2015.
During continued outpatient care, Lemuel underwent multiple evaluations: an MRI (May 21, 2015) showing possible gliosis/chronic lacunar infarct (left corona radiata); a hearing test (July 22, 2015) showing mild-to-moderate conductive hearing loss; company‑designated physician Dr. Alegre issued progressive reports, the last being his 12th and labelled “Final Progress Report” dated August 12, 2015, diagnosing refractory vertigo and assigning a Grade 12 disability; an independent physician, Dr. Rommel Galvez, issued a one‑time report dated August 19, 2015 diagnosing cerebrovascular accident with lacunar infarct and declaring Lemuel unfit for any seafaring work. Lemuel’s claim for unpaid sick leave and medical reimbursement was rejected; he thereafter demanded permanent and total disability benefits, which respondents denied.
Lemuel filed a complaint under Article 20.1.3.1 in relation to Article 20.1.4 of the CBA before the Panel of Voluntary Arbitrators (PVA). In a Decision dated March 3, 2016, the PVA found for Lemuel and awarded permanent and total disability benefits of US$129,212.00, unpaid sick leave US$369.00, and attorney’s fees at 10% of the total claims. Respondents appealed to the Court of Appeals in CA‑GR. SP No. 146593.
In a Decision dated August 16, 2017 the Court of Appeals reversed and modified the PVA: it held Lemuel’s disability to be permanent but only partial (Grade 12), ordered payment equivalent to Grade 12 rating with legal interest and affirmed unpaid sic...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming a partial disability assessment based on the company‑designated physician’s report when that physician was not a neurologist or cardiologist?
- Did the Court of Appeals err in awarding only partial disability even though the seafarer’s condition remained unresolved beyond the 240‑day diagnostic/ treatment period?
- Was the award of attorney’s fees improper when the Court of Appeals re...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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