Case Digest (G.R. No. L-22590)
Case Digest (G.R. No. L-22590)
Facts:
Eugenio M. Gomez v. Crossworld Marine Services, Inc., Golden Shipping Company S.A., and Eleazar Diaz, G.R. No. 220002, August 02, 2017, Supreme Court Second Division, Peralta, J., writing for the Court.Eugenio M. Gomez (petitioner) was hired on October 12, 2011 as an Ordinary Seaman aboard the M/V Elena VE by Crossworld Marine Services, Inc. on behalf of principal Golden Union Shipping Company, S.A., with a monthly basic wage of US$583.00; his employment was covered by the ITF Uniform "TCC" Collective Agreement. While removing ice on deck on February 29, 2012, Gomez slipped and struck his lower back. He initially continued working but reported pain and was later examined and treated in Belgium, diagnosed with lumbago and recommended for repatriation; he returned to the Philippines on March 19, 2012.
After repatriation Gomez was referred to the company’s accredited medical clinic (IHADS), underwent physical therapy, and was later found by MRI to have multilevel discogenic and foraminal stenosis at L4–L5 and L5–S1. He underwent lumbar laminectomy and foraminotomy on June 6–7, 2012 and had further follow-ups. The company-designated physician, Dr. Ma. Dolores Tay, repeatedly reported that Gomez still complained of low back discomfort, failed a functional capacity test, and gave an interim disability assessment of Grade 8 under the POEA Schedule of Disability, recommending further rehabilitation and a prognosis of “fair to good.”
Gomez consulted an independent orthopedic surgeon, Dr. Renato Runas, who opined Gomez remained incapacitated for strenuous seafaring work and declared him unfit for sea duty with a permanent disability. Respondents refused to pay disability benefits and efforts at settlement failed. Gomez filed a complaint before the Labor Arbiter on September 13, 2012 claiming work-related permanent total disability and seeking corresponding benefits, damages and attorney’s fees.
The Labor Arbiter rendered a Decision declaring Gomez permanently and totally disabled and awarded full disability benefits under the ITF Standard CBA in the amount of US$156,816.00 plus attorney’s fees. The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter’s Decision. Respondents sought relief from the Court of Appeals via a petition for certiorari, alleging grave abuse of discretion by the NLRC.
The Court of Appeals, in CA-G.R. SP No. 131729, reversed in part: it found Gomez to have suffered a permanent partial disability with an impediment of Grade 8 (equivalent to 33.59%) and computed benefits under the ITF Uniform "TCC" Collective Agreement as 33.59% × US$90,882 = US$30,527.26, plus attorney’s fees of 10%. Gomez filed a petition for review on certiorari under Rule 45 to the Supreme Court, assailing the Court of Appeals’ modification of the awards and raising, among other points, entitlement to full permanent total disability and alleged misapplication of precedent.
Issues:
- Did the Court of Appeals gravely abuse its discretion in modifying the NLRC’s award?
- Is petitioner Gomez entitled to full permanent total disability benefits, or only to permanent partial disability (Grade 8)?
- Was the Court of Appeals’ refusal to apply Kestrel Shipping Co., Inc. v. Munar correct?
- Were the medical reports of the company-designated physician (Dr. Tay) inadmissible hearsay and thus unreliable?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)