Case Digest (G.R. No. 155258)
Facts:
Petitioner Angelito S. Magno was hired by Career Philippines Shipmanagement, Inc., on behalf of Columbia Shipmanagement, Ltd., as an Able Seaman under a nine-month contract with a salary of USD 568.00 per month. Before deployment, Magno was medically declared fit for sea duty. In October 2014, while performing ship maintenance, he experienced back and knee pain. He reported this to the ship's captain and was repatriated to the Philippines in November 2015 for further medical treatment. Magno was treated by the company-designated physician, Dr. Nicomedes Cruz, who diagnosed work-related right knee arthritis but a non-work-related herniated nucleus pulposus. Dr. Cruz recommended surgery, which Magno underwent, but the pain persisted. Thereafter, Dr. Cruz issued a medical report in April 2015 indicating residual disability and a guarded prognosis, advising disability gradings of Grade 11 for his spine and Grade 10 for his right knee. Magno was not informed of this report and was deCase Digest (G.R. No. 155258)
Facts:
- Parties and Employment
- Angelito S. Magno (Magno) was hired by Career Philippines Shipmanagement, Inc. (Career Philippines) on behalf of Columbia Shipmanagement, Ltd. (Columbia) as an Able Seaman under a nine-month contract with a basic salary of USD 568.00.
- Before deployment, Magno underwent a pre-employment medical examination and was found fit for sea duty.
- Incident and Medical Condition
- In October 2014, while performing maintenance work, Magno experienced pain in his back and knees, which were swollen.
- He reported his condition to the ship captain and was repatriated to the Philippines on November 10, 2015 for medical treatment.
- Medical Treatment and Diagnosis
- Upon arrival, Magno was referred by Career Philippines to the NGC Medical Specialist Clinic, Inc.
- Company-designated physician Dr. Nicomedes Cruz (Dr. Cruz) diagnosed him with t/c Lumbosacral strain and right knee arthritis.
- MRI findings revealed disc bulge and protrusion in the lumbar spine and meniscocapsular issues and ligament tears in the right knee.
- Dr. Cruz recommended physical therapy and arthroscopic surgery, which was performed on January 14, 2015.
- Medical Report by Dr. Cruz
- On April 10, 2015, Dr. Cruz issued his Medical Report to Career Philippines' Finance Manager, stating:
- Herniated Nucleus Pulposus L4-L5 was not work-related.
- Osteoarthritis of the right knee was work-related per the Amended POEA Contract.
- Magno would have residual disability with a guarded prognosis.
- Disability grading: Grade 11a for spinal rigidity/loss of trunk motion; Grade 10a for knee ligament stretch causing joint instability.
- Magno’s treatment was terminated following this report, but he was not furnished a copy of it.
- Independent Medical Assessment
- Magno consulted Dr. Manuel Fidel Magtira for a second opinion.
- Dr. Magtira’s July 7, 2015 Medical Report indicated that Magno suffered severe spinal stenosis and moderate to mild neural foraminal stenosis and mild degenerative changes to his right knee.
- Dr. Magtira concluded Magno was permanently unfit to work due to loss of pre-injury capacity.
- Procedural History
- Magno demanded for his medical records and requested referral to a third doctor for conflict resolution, which was denied by respondents.
- On August 18, 2015, Magno filed a complaint before the National Labor Relations Commission (NLRC) for total and permanent disability benefits and other claims.
- Respondents argued improper impleading of Carmelino, Magno’s non-compliance with the third-doctor procedure, and that company physician’s assessment is final and binding.
- Labor Arbiter's Decision
- On February 15, 2016, the Labor Arbiter granted Magno’s claim for total and permanent disability benefits amounting to USD 60,000, plus attorney’s fees.
- The decision emphasized the 120-day period and underscored the directory nature of the third-doctor procedure.
- NLRC's Decision
- On August 30, 2016, the NLRC affirmed the Labor Arbiter, removing Carmelino as a party.
- NLRC ruled the company-designated physician’s assessment is not final; conflicting medical opinions require third doctor referral.
- Since respondents failed to refer the matter, Magno is entitled to total and permanent disability benefits.
- Court of Appeals (CA) Ruling
- On January 26, 2018, the CA reversed the NLRC decision, awarding Magno partial disability benefits (USD 17,540) and attorney’s fees.
- The CA emphasized adherence to the POEA Schedule of Disability Compensation and favored the company-designated physician's findings due to longer treatment history.
- CA found no solidary liability for the company President Carmelino.
- Supreme Court (SC) Review
- Magno filed a Petition for Review on Certiorari challenging the CA ruling, citing violation of due process for failure to furnish medical reports and refusal to initiate a third doctor referral.
- Respondents defended the finality of the company physician’s assessment and non-compliance of Magno with the third-doctor procedure.
Issues:
- Whether the Court of Appeals erred in reversing the NLRC ruling that granted Magno total and permanent disability benefits.
- Whether respondents violated Magno’s right to due process by failing to provide him a copy of the company-designated physician’s final medical assessment.
- Whether the company-designated physician’s medical assessment is final and binding despite conflicting findings and non-initiation of the third-doctor procedure.
- Whether Magno is entitled to total and permanent disability benefits given the unresolved medical condition beyond 240 days.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)