G.R. No. 211882 - Elburg Shipmanagement Phils., Inc. vs. Quiogue, Jr.

Ernesto S. Quiogue Jr. (Respondent) was hired by Elburg Shipmanagement Philippines, Inc., on behalf of Enterprise Shipping Agency SRL (Petitioners), as Able Bodied Seaman on the vessel MT Filicudi M, with a basic salary of US$363.00.
The employment contract was governed by the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) and the International Transport Workers Federation Total Crew Cost Collective Bargaining Agreement (ITF TCC CBA), which provided for enhanced benefits in case of disability or death.

On November 11, 2010, Quiogue sustained an injury when a co-worker dropped a fire wire on his left foot during duty.
Immediate first aid was administered, followed by hospital care in Tarragona, Spain, where an x-ray showed a fractured metatarsal bone.
Due to his injury, he was repatriated on November 19, 2010, and treated at the Metropolitan Medical Center, diagnosed with a "non-displaced Fracture of the Cuneiform Bone, Left Foot."
He underwent treatment and therapy with the company-designated physician from November 2010 to April 2011.
On April 13, 2011, the company-designated physician certified him as "fit to work."

Despite treatment, Quiogue continued to experience pain and obtained a second opinion from Dr. Nicanor Escutin, an orthopedic surgeon.
Dr. Escutin diagnosed him with fracture and traumatic arthritis of the left foot, permanently disabled and unfit for seafaring duties.
Quiogue filed a claim for permanent total disability benefits, which the petitioners denied, citing the fit-to-work certification from the company physician.

The Labor Arbiter (LA) ruled in favor of Quiogue, awarding him total permanent disability benefits amounting to US$89,000.00, plus 10% attorney's fees.
On appeal, the National Labor Relations Commission (NLRC) affirmed the decision, emphasizing the seafarer's right to seek a second medical opinion and holding that in case of conflict, findings favorable to the complainant prevail.
The NLRC applied the rule from Oriental Shipmanagement Co., Inc. v. Bastol that disability is considered permanent and total if a seafarer is incapacitated for more than 120 days.

The CA affirmed the NLRC ruling but deleted the award of attorney’s fees for lack of basis.
Petitioners argued Quiogue was not entitled to benefits because:

The company-designated physician's assessment was more accurate.
The 120-day disability assessment period had lapsed.
Quiogue had previously received total permanent disability benefits for a separate injury.
The awarding of benefits would set a dangerous precedent.
The company-designated physician's declaration was not contested during pre-employment medical examination (PEME).

Quiogue countered that previous claims for permanent disability did not bar his present claim, and the POEA-SEC allowed him to seek a second opinion.
He emphasized entitlement based on lasting incapacity and complained that the company-designated physician’s certification was issued beyond the 120-day period without sufficient justification.

Whether Quiogue is entitled to permanent and total disability benefits despite the company-designated physician declaring him fit to work after more than 120 days following injury and repatriation.

Whether the failure of the company-designated physician to issue a disability assessment within the prescribed 120-day or justified extended 240-day period triggers the presumption of permanent and total disability.

Whether Quiogue’s prior receipt of permanent disability benefits from a former employer bars his claim for permanent and total disability benefits against subsequent employers.

Whether attorney's fees should be awarded in favor of Quiogue despite the lack of factual or legal basis in the Labor Arbiter’s decision.