G.R. No. 160384 - Hilario vs. Salvador

Arnel T. Gere (petitioner) is a Filipino seafarer employed by Anglo-Eastern Crew Management Phils., Inc. and Anglo-Eastern Crew Management (Asia), Ltd. (respondents).
Gere signed a nine-month contract as an able seaman aboard the vessel "MV JENNY N" with a monthly salary of US$582.00 plus overtime and vacation pay.
Gere was a member of the Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP), covered by a Collective Bargaining Agreement (CBA) with the respondents.

On January 4, 2014, while performing his duties, Gere fell awkwardly on his right arm after stepping on a bulwark support.
He was immediately sent to a medical facility in Trinidad and Tobago, where x-rays were taken and a cast applied.
Due to the injury, Gere was repatriated to the Philippines on January 10, 2014, and confined to Marine Medical Services, the medical provider accredited by respondents.
Orthopedic surgeon Dr. Ferdinand R. Bernal examined Gere and diagnosed a "Closed Complete Fracture, Right Radius, Undisplaced." Gere underwent numerous examinations and treatments from January to August 2014.

Respondents claimed the company-designated physician issued an interim disability grading of Grade 10 (loss of grasping power) on April 28, 2014, and a final grading of Grade 10 (ankylosed wrist in normal position) on August 12, 2014.
Respondents asserted they informed Gere of these assessments and offered corresponding disability benefits.
Gere denied ever being informed of these assessments and claimed over 240 days of treatment passed without any disability grading communication.
On September 11, 2014, Gere consulted his own physician, Dr. Manuel Fidel M. Magtira, who assessed partial permanent disability with Grade 8 impediment (33.59% disability) and declared Gere permanently unfit for sea duties.
Gere demanded disability benefits based on the CBA, which respondents denied.

Gere filed a Notice to Arbitrate with the National Conciliation and Mediation Board (NCMB). After failed settlement attempts, the NCMB issued a decision on May 29, 2015, awarding total and permanent disability benefits of US$95,949, illness allowance, and attorney’s fees.
Respondents appealed to the Court of Appeals (CA), which affirmed the decision with modification: reducing the total disability benefits to US$60,000 under the POEA contract and deleting the sickness allowance award for lack of merit.
Both parties filed petitions for review before the Supreme Court, dissatisfied with the CA’s ruling.

Whether the company-designated physician issued a final disability grading within the 240-day period as required by law, and if not, whether the seafarer’s disability should be considered total and permanent by operation of law.

Whether the requirement to refer the disability assessment to a neutral third-party physician is mandatory in case of disagreement, and whether the seafarer must first be informed of the company-designated physician’s findings before seeking such referral.

Whether the petitioner is entitled to total and permanent disability benefits under the CBA or the POEA-Standard Employment Contract (POEA-SEC), given the conflicting physician assessments and disability grades.

Whether the petitioner is entitled to attorney’s fees despite respondents asserting absence of bad faith on their part.