G.R. No. 193468 - Eyana vs. Philippine Transmarine Carriers, Inc.

The petitioner, Al O. Eyana, was hired by Philippine Transmarine Carriers, Inc. (PTCI), a local manning agency, as a utility cleaner on board the M/V Century for its foreign principal, Celebrity Cruises, Inc.
His employment contract, governed by the POEA Standard Employment Contract (SEC), spanned eight months with a basic monthly salary of US$267.00, and involved predominantly manual tasks such as lifting, carrying, loading, transporting, and cleaning.

On August 2, 2006, while working on board, the petitioner sustained a back injury after lifting a 30-kilo block of cheese from a freezer shelf; he experienced severe pain and was unable to continue his task of carrying the cheese.
The incident was immediately reported to his superior, and the petitioner was subsequently admitted to a hospital in Oslo, Norway from August 4 to 16, 2006, after which he was repatriated to the Philippines on August 17, 2006.

Upon repatriation, the petitioner was immediately referred to Dr. Natalio G. Alegre II by PTCI.

His initial consultation on August 18, 2006, revealed severe low back pain, numbness and weakness in the right lower leg, and difficulty bending and sitting; physical therapy was advised on a thrice-weekly basis.
Subsequent consultations, spanning from August 28, 2006 to January 26, 2007, included additional physical therapy sessions and prescriptions.

Radiological examination on October 23, 2006 showed lumbosacral disk desiccation with left posterolateral disk herniations and nerve root compression.
On January 20, 2007, Dr. Alegre issued a disability assessment, assigning a Disability Grade Eight (indicative of moderate rigidity, partial loss of motion or lifting power) while still recommending conservative management.
A contrasting opinion was later obtained from Dr. Venancio P. Garduce, Jr., on June 6, 2007, who, after a single consultation, assessed the petitioner’s condition as Disability Grade One and declared him unfit for sea duty.

On June 7, 2007, the petitioner filed a complaint before the National Labor Relations Commission (NLRC) for disability benefits, damages, medical reimbursements, and attorney’s fees against PTCI, its crewing manager Alain A. Garillos, and Celebrity Cruises, Inc.
The Labor Arbiter (LA) delivered a Decision on December 17, 2007 awarding US$80,000.00 for total and permanent disability benefits and US$8,000.00 for attorney’s fees, relying primarily on Dr. Garduce’s assessment and the provisions of the FIT-CISL-ITF Collective Bargaining Agreement (CBA).
The NLRC, in its Decision dated November 28, 2008, reversed the LA’s decision by discounting the CBA's evidentiary weight and awarding disability compensation based on a Grade Eight assessment under the POEA-SEC.
The Court of Appeals affirmed the NLRC’s ruling, emphasizing that the company-designated physician’s assessment (Dr. Alegre’s) was accorded overriding evidentiary credibility given his continuous and comprehensive evaluation of the petitioner’s condition.

Whether the CA and NLRC erred in disregarding the CBA provisions that provided for full compensation for loss of profession irrespective of the degree of disability.
Whether entitlement to full disability compensation should be predicated on the loss of earning capacity rather than solely on the medical disability grading.

The propriety of the petitioner resorting to a second opinion (Dr. Garduce’s assessment) four months after the initial evaluation by the company-designated physician.
Whether the delay in seeking the opinion of a private physician affected the credibility and relevance of that assessment in contradicting the findings of the company-designated physician.

Whether the petitioner’s failure to avail himself of the prescribed procedure for contesting the company-designated physician’s certification (i.e., obtaining a third opinion as provided under Section 20-B of the POEA-SEC) was a material defect affecting his claim.