Case Digest (G.R. No. 209201)
Facts:
- New Filipino Maritime Agencies Inc., St. Paul Maritime Corp., and Angelina T. Rivera (petitioners) filed a petition against Michael D. Despabeladeras (respondent).
- Michael was hired as a Wiper on the vessel M/V Athens Highway with a nine-month contract and a monthly salary of US$415.00.
- He underwent a Pre-Employment Medical Examination (PEME) and was declared fit for sea service before embarking on April 26, 2009.
- On August 20, 2009, Michael slipped and fractured his left hand, diagnosed with an Ulna Styloid Fracture in Brunswick, Georgia.
- After repatriation on August 28, 2009, he was treated by the company-designated physician, Dr. Nicomedes G. Cruz, until February 10, 2010.
- Michael claimed his condition did not improve and consulted another physician, Dr. Rogelio C. Catapang, who declared him unfit for work on January 16, 2010.
- He failed to attend a follow-up appointment on February 17, 2010, and demanded disability benefits instead.
- His claim was denied, leading him to file a complaint for disability compensation with the National Labor Relations Commission (NLRC).
- The Labor Arbiter ruled in his favor, awarding permanent total disability benefits, but the NLRC reversed this decision on appeal.
- The Court of Appeals reinstated the Labor Arbiter's decision, applying the 120-day Presumptive Disability Rule.
- Petitioners filed a petition for review, questioning the application of the 120-day rule and Michael's alleged abandonment of medical treatment.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the Court of Appeals' decisions.
- It ruled that Michael was not entitled to permanent total disability benefits as he was still under temporary total disability and had not completed his medical treatment.
- The Court emphasized that the 120-day rule is not a blanket rule and must consider the spec...(Unlock)
Ratio:
- The Supreme Court clarified that the 120-day rule is significant but not absolute for determining permanent total disability.
- The Court referenced Vergara v. Hammonia Maritime Services, Inc., stating that the application of the 120-day rule depends on the specific circumstances and compliance with contractual obligations under the POEA-SEC.
- Michael's failure to return fo...continue reading
Case Digest (G.R. No. 209201)
Facts:
The case involves a petition for review on certiorari filed by New Filipino Maritime Agencies Inc., St. Paul Maritime Corp., and Angelina T. Rivera (collectively referred to as "petitioners") against Michael D. Despabeladeras (respondent). The events leading to the case began when Michael was hired by New Filipino Maritime Agencies Inc. to work as a Wiper on board the vessel M/V Athens Highway for a nine-month contract, with a monthly salary of US$415.00. Prior to his embarkation on April 26, 2009, he underwent a Pre-Employment Medical Examination (PEME) and was declared fit for sea service by the company doctor.
On August 20, 2009, while performing his duties, Michael slipped and fractured his left hand. He was subsequently diagnosed with an Ulna Styloid Fracture at a hospital in Brunswick, Georgia. Following his repatriation to the Philippines on August 28, 2009, he was referred to the company-designated physician, Dr. Nicomedes G. Cruz, who supervised his treatment until February 10, 2010. Despite ongoing treatment, Michael claimed that his condition did not improve, leading him to consult another physician, Dr. Rogelio C. Catapang, who declared him unfit for work on January 16, 2010.
Michael's treatment continued, but he failed to return for a follow-up appointment on February 17, 2010, and instead demanded payment for disability benefits. When his claim was denied, he filed a complaint for disability compensation and other monetary claims before the National Labor Relations Commission (NLRC). The Labor Arbiter ruled in his favor, awarding him permanent total disability benefits, but this decision was reversed by the NLRC on appeal, citing a lack of medical assessment and violation of the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) provisions.
Michael ...