Case Digest (G.R. No. 210329)
Facts:
Philippine Transmarine Carriers Inc., and/or Marin Shipmanagement Limited v. Clarito A. Manzano, G.R. No. 210329, March 18, 2021, the Supreme Court First Division, Gaerlan, J., writing for the Court.The petitioners are Philippine Transmarine Carriers Inc. and/or Marin Shipmanagement Limited; the respondent is Clarito A. Manzano. Manzano entered an employment contract with the petitioners on February 3, 2010 as an oiler for eight months on board the Maersk Danang; his employment was covered by the Overriding Total Crew Cost Fleet Agreement (the TCC CBA). He passed his pre-employment medical examination and embarked on March 27, 2010.
While aboard the Maersk Danang, Manzano alleged he slipped in July 2010 and landed on his right knee, thereafter developing pain in the right knee, right side and lumbar region. He was brought to a hospital in Elizabeth, New Jersey on August 2, 2010 (treated for soft tissue injury, arthralgia, effusion) and on August 9, 2010 underwent further studies showing a knee sprain and chondromalacia. He allegedly suffered an additional shoulder injury in September 2010 when struck by a metal door; he sought treatment in Oman on November 27, 2010 for costochondritis and myalgia. Manzano was repatriated at the end of his contract on December 3, 2010.
Upon return he presented to petitioners’ office and was advised to obtain a Cocolife card; he was examined by the company-designated physician, Dr. Randolph M. Molo, only on December 15, 2010, who ordered MRIs showing supraspinatus/infraspinatus tendinosis, labral signal suggesting tear, acromioclavicular hypertrophy and lumbar degenerative changes. He underwent further treatment and physical therapy; another physician, Dr. Renato Runas, later assessed him as permanently unfit for sea duty with permanent partial disability.
Manzano filed a Notice to Arbitrate with the National Conciliation and Mediation Board (NCMB) on April 11, 2011; the parties agreed to voluntary arbitration on October 15, 2011. The NCMB Panel rendered a decision dated June 20, 2012 directing petitioners to pay Manzano US$137,500.00 (disability benefits plus attorney’s fees). Petitioners filed a petition for review with the Court of Appeals (CA) in CA-G.R. SP No. 125600. The CA, in a Decision dated June 28, 2013, affirmed the NCMB, holding that the injuries were the result of accidents on board and applying Section 19 of the TCC CBA and the 240-day presumptive disability rule; the CA’s dispositive dismissed the petition. The CA denied petitioners’ motion for reconsideratio...(Subscriber-Only)
Issues:
- Did respondent prove that his injuries were caused by an accident entitling him to compensation under Section 19 of the TCC CBA?
- Did respondent forfeit his right to claim disability benefits by failing to submit to the post-employment medical examination within three working days upon arrival?
- Where the company-designated physician failed to render a final assessment within the maximum 240-day treatment period, does the seafarer’s temporary disability become permanent entitling him to disability benefits under the POEA Standard Emplo...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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