Case Digest (G.R. No. 211872)
Facts:
- Romil T. Olaybal worked as a seafarer for OSG Shipmanagement from August 18, 2002, to October 1, 2010.
- His final contract was from June 7, 2010, to October 1, 2010, for the vessel Overseas Sakura, governed by a collective bargaining agreement (CBA).
- He was declared "Fit to Work" following a Pre-Employment Medical Examination (PEME).
- Olaybal suffered an eye injury from SAF acid while repairing a fresh water generator.
- Despite worsening symptoms, he continued to work until he reported the injury to the Chief Engineer in Qingdao, China.
- He was diagnosed with retinal detachment and cataract, necessitating immediate surgery in Tianjin.
- Due to visa complications, he remained on the vessel until his repatriation to Manila on October 7, 2010.
- After multiple medical evaluations and surgery, he applied for permanent disability benefits on March 24, 2011.
- The Labor Arbiter awarded him full disability benefits, but the NLRC and Court of Appeals modified this to partial benefits and denied full disability and moral damages.
Issue:
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Ruling:
- The Supreme Court denied Olaybal's petition and upheld the Court of Appeals' Amended Decision dated March 24, 2014.
- Olaybal was entitled only to partial permanent disability benefits equivalent to Grade 7.
- The removal of moral an...(Unlock)
Ratio:
- Olaybal's claim for total and permanent disability benefits was premature due to unfulfilled procedural requirements of the POEA-SEC and the CBA.
- The assessment of Grade 7 by the company-designated physician was essential for determining benefits.
- A temporary total disability does not automatically transition to permanent disability without a definitive declaration from the physician...continue reading
Case Digest (G.R. No. 211872)
Facts:
The case of Romil T. Olaybal v. OSG Shipmanagement Manila, Inc. (G.R. No. 211872) involves Romil T. Olaybal, a seafarer employed by OSG Shipmanagement from August 18, 2002, to October 1, 2010, under multiple contracts. His final contract, which was in effect from June 7, 2010, to October 1, 2010, assigned him to the vessel Overseas Sakura, operating under a collective bargaining agreement (CBA) that provided enhanced benefits for Filipino seafarers. Olaybal underwent a Pre-Employment Medical Examination (PEME) and was declared "Fit to Work." However, while performing his duties, he suffered an eye injury due to SAF acid splashing into his eyes while repairing a fresh water generator. Despite experiencing worsening symptoms, he continued working until he reported the issue to the Chief Engineer while docked in Qingdao, China. He was advised to seek medical attention in Tianjin, where he was diagnosed with retinal detachment and cataract, requiring immediate surgery. Due to visa complications, he remained on the vessel until repatriation to Manila on October 7, 2010. After undergoing several medical evaluations and treatments, including surgery, Olaybal filed a claim for permanent disability benefits on March 24, 2011. The Labor Arbiter ruled in his favor, granting full disability benefits, but this decision was modified by the National Labor Relations Commission (NLRC) and later the Court of Appeals ...