Case Digest (G.R. No. 238652) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
Juan S. Esplago, the petitioner, was employed as motorman by Naess Shipping Philippines, Inc. and/or Kuwait Oil Tanker Company aboard the vessel “Arabiyah” beginning July 25, 2011, at a monthly salary of US$666.00. On October 11, 2011, while working in the engine boiler room en route to Indonesia, excessive smoke injured his eyes. The ship doctor diagnosed senile mature cataracts in both eyes, recommended repatriation and surgery, and petitioner was repatriated the same month. He sought treatment at Seamen’s Hospital and later at Metropolitan Medical Center under company‐designated physician Dr. Robert D. Lim, receiving medication, vitamins, and a recommendation for bilateral Phacoemulsification with Intra-Ocular Lens. Petitioner claims his left eye surgery was delayed until June 1, 2012, and that respondents thereafter refused further treatment for his right eye, causing total vision loss in both eyes. On July 13, 2012, private physician Dr. Gina Abesamis Tan-Perez declared him Case Digest (G.R. No. 238652) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Employment and Incident
- Petitioner Juan S. Esplago was hired by Naess Shipping Philippines, Inc. and/or Kuwait Oil Tanker Company as motorman of the vessel “Arabiyah” with a basic monthly salary of US$666.00.
- On October 11, 2011, while in the engine boiler room en route to Indonesia, excessive smoke injured his eyes.
- Medical Treatment
- The ship doctor diagnosed a left eye cataract, recommended repatriation and immediate surgery.
- At Seamen’s Hospital (Oct 17, 2011) and Metropolitan Medical Center, he was found to have mature cataracts in both eyes; surgery was advised.
- Petitioner underwent left-eye surgery on January 6, 2012; respondents delayed right-eye treatment, resulting in total loss of vision.
- On July 13, 2012, Dr. Gina Abesamis Tan-Perez assessed him as permanently and totally disabled.
- Procedural History
- Labor Arbiter (Feb 8, 2013) granted total and permanent disability benefits (US$60,000), sickness wages (US$2,664), and attorney’s fees (US$6,266.40).
- NLRC (July 15, 2013) affirmed; motion for reconsideration denied (Aug 30, 2013).
- Court of Appeals (Sept 11, 2017) reversed and dismissed the complaint for non-compliance with the POEA-SEC third-doctor rule; reconsideration denied (Mar 8, 2018).
- Petitioner filed a Rule 45 petition before the Supreme Court.
Issues:
- Whether the Court of Appeals erred in reversing the NLRC and denying petitioner’s claim for total and permanent disability benefits on the ground that he failed to comply with the POEA-SEC requirement to refer conflicting medical findings to a mutually agreed third doctor.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)