Case Digest (G.R. No. 218871)
Facts:
- On March 16, 2011, Jebsens Maritime, Inc. hired Florvin G. Rapiz as a buffet cook for the M/V Mercury under a nine-month contract with a monthly salary of US$501.
- Rapiz boarded the vessel on March 30, 2011.
- In September 2011, while lifting heavy meat, he suffered severe pain and swelling in his right wrist and forearm.
- The ship's doctor diagnosed him with severe "Tendovaginitis DeQuevain," leading to his medical repatriation on October 14, 2011.
- Upon returning to the Philippines, a company-designated physician diagnosed him with multiple conditions and classified his disability as "Grade 11" under the 2010 POEA-SEC.
- Dissatisfied with this assessment, Rapiz consulted an independent physician who rated his disability as Grade 10.
- After the petitioners failed to pay the requested disability benefits, Rapiz filed a Notice to Arbitrate with the NCMB.
- The case was submitted to a Voluntary Arbitrator (VA), who ruled in favor of Rapiz, awarding him US$60,000 in permanent and total disability benefits and US$6,000 in attorney's fees.
- The petitioners' motion for reconsideration was denied, leading to an appeal to the Court of Appeals (CA), which affirmed the VA's decision.
Issue:
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Ruling:
- The Supreme Court granted the petition, modifying the CA's decision.
- The petitioners were ordered to pay Rapiz permanent and partial disability benefits of US$7,465, with legal interest from the finality o...(Unlock)
Ratio:
- The Supreme Court noted that the CA and VA's decisions were based on Rapiz's inability to find employment for over 120 days post-repatriation.
- The Court clarified that the company-designated physician is allowed an additional 120 days (totaling 240 days) to assess the seafarer's condition.
- The company-designated physician issued a final assessment within the 240-day period, classifying Rapiz's condition as Grade 11, which is permanent and partial, not total.
- The Court emphasized that the POEA-SEC governs disability benefits, adhering to the grading system out...continue reading
Case Digest (G.R. No. 218871)
Facts:
On March 16, 2011, Jebsens Maritime, Inc., acting on behalf of its foreign principal, Sea Chefs Ltd., engaged Florvin G. Rapiz to serve as a buffet cook aboard the M/V Mercury for a nine-month contract, with a monthly salary of US$501. Rapiz boarded the vessel on March 30, 2011. In September 2011, while lifting a heavy load of meat, he experienced severe pain and swelling in his right wrist and forearm. A consultation with the ship's doctor diagnosed him with severe "Tendovaginitis DeQuevain," leading to his medical repatriation on October 14, 2011, as he could not work without using his right forearm. Upon returning to the Philippines, he underwent treatment with a company-designated physician, who, on January 24, 2012, issued a final medical report diagnosing him with "Flexor Carpi Radialis Tendinitis, Right; Sprain, Right thumb; Extensor Carpi Ulnaris Tendinitis, Right," and classified his condition as a "Grade 11" disability under the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). Dissatisfied with this assessment, Rapiz consulted an independent physician, who rated his disability as Grade 10. When petitioners failed to pay the requested total and permanent disability benefits, Rapiz filed a Notice to Arbitrate with the National Conciliation and Mediation Board (NCMB). The case was submitted to a Voluntary Arbitrator (VA) after unsuccessful attempts at amicable settlement. The VA ruled in favor of Rapiz,...