Case Digest (G.R. No. 255889)
Facts:
Leonardo L. Justo v. Technomar Crew Management Corp., Technomar Shipping, Inc., and Teresita B. Malagiok, G.R. No. 255889, July 26, 2023, Supreme Court Second Division, Lopez, J., writing for the Court.Petitioner Leonardo L. Justo was hired on March 27, 2018 as a cook for M/V New Yorker by Technomar Crew Management Corp. on behalf of principal Technomar Shipping, Inc. His employment was governed by a Panhellenic Seamen’s Federation-International Bargaining Forum Collective Bargaining Agreement (CBA) and the POEA Standard Employment Contract (POEA‑SEC). In early June 2018, while preparing food aboard ship, Leonardo heard a loud metallic sound above the galley and thereafter experienced tinnitus, blurring of vision and headache; he was repatriated in July 2018 and underwent post-employment medical examinations (PEME).
Following repatriation the company-designated physician, Dr. Nicomedes G. Cruz, referred Leonardo to an ENT specialist; audiometry on July 24, 2018 showed mild conductive loss on the right and severe loss on the left, and further testing (including CT scan) indicated chronic otologic conditions. Leonardo underwent right tympanoplasty on August 17, 2018. Despite follow-ups, Dr. Cruz issued a Fit-to-Resume Sea Duties certificate dated December 7, 2018; Leonardo refused to sign it and obtained a second opinion from his private physician, Dr. Danilo Q. Reyno, who on January 14, 2019 declared him totally and permanently disabled as a seafarer.
Leonardo sent a January 17, 2019 letter requesting referral to a mutually agreed third doctor and then filed a Notice to Arbitrate with the Panel of Voluntary Arbitrators (PVA) for total and permanent disability benefits under the CBA. The PVA held mandatory conferences, during which respondents proposed guidelines for a third‑doctor referral and set dates for a third‑doctor finding; the parties did not secure a third doctor. On September 27, 2019 the PVA granted Leonardo’s complaint, finding him totally and permanently disabled and awarding USD 102,308.00, PHP 50,000.00 moral damages, and attorney’s fees equal to 10% of the award. Respondents’ motion for reconsideration was denied.
Respondents petitioned the Court of Appeals (CA), which on October 19, 2020 reversed the PVA, dismissed the complaint, held that Leonardo failed to pursue the third‑doctor referral and that the company physician’s fit‑to‑work asse...(Subscriber-Only)
Issues:
- Did the Court exercise its authority to review conflicting factual findings between the CA and the PVA?
- Whether Leonardo complied with the POEA‑SEC/CBA third‑doctor referral procedure so that the company‑designated physician’s fit‑to‑work assessment is conclusive.
- Whether Leonardo is entitled to total and permanent disability benefits (and the proper quantum), mor...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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