Facts:

• Jerry Bering Talaugon (petitioner) filed a lawsuit against BSM Crew Service Centre Phils., Inc., Bernard Schulte Shipmanagement Ltd., and Danilo Mendoza (respondents) on October 17, 2014.
• Talaugon sought full disability benefits, damages, and attorney's fees.
• He was employed as an oiler on the M/T Erika Schulte, responsible for machinery maintenance, sewage systems, lighting, and air-conditioning.
• During his employment, he experienced dizziness, nausea, and severe abdominal pain, leading to hospitalization in Saudi Arabia.
• Diagnosed with "Renal Colic Lumbago post Zoster Neuralgia," he was advised to return to the Philippines for further treatment.
• Upon returning on January 18, 2014, he consulted Dr. Richard Olalia, a company-designated physician, who diagnosed him with various conditions and recommended physical therapy.
• On April 3, 2014, Dr. Godfrey Robeniol, another company-designated physician, discovered a spinal cord tumor, necessitating surgery.
• Post-surgery, Dr. Gilbert RaAoa noted persistent lower back pain and declared the illness non-work-related, assigning a disability grading of 11.
• Talaugon’s personal physician, Dr. Venancio Garduce, rated his disability as Grade 3, stating he could not return to seafaring due to weakness in his upper extremities.
• The respondents argued that Talaugon had blisters on his lumbar region while on board, which healed without treatment.
• Subsequent diagnoses included nerve damage and a tumor, with varying assessments of his disability.
• The Labor Arbiter ruled in favor of Talaugon, awarding him permanent total disability compensation, but the NLRC modified this to partial permanent disability.
• The Court of Appeals affirmed the NLRC's decision, prompting Talaugon to petition the Supreme Court.

Issue:

• (Unlock)

Ruling:

• The Supreme Court granted Talaugon's petition, reversing the decisions of the Court of Appeals and the NLRC.
• The Court ordered the respondents to pay Talaugon US$60,000.00 as permanent and t...(Unlock)

Ratio:

• The Supreme Court noted that only questions of law may be raised in a petition for review under Rule 45, with exceptions for conflicting factual findings.
• The Court acknowledged that Dr. Chuasuan, Jr. issued a Grade 11 disability assessment within the 120-day period post-repatriation.
• However, for an assessment to be valid, it must be final and definitive.
• Dr. Chuasuan's report indicated a guarded prognosis and did not conclusively ass...continue reading