Facts:

The case involves United Philippine Lines, Inc. (UPLI) and/or Holland America Line Westours, Inc. and/or Jose Geronimo Consunji as petitioners, and Juanito P. Alkuino, Jr. as the respondent. The events leading to the case began on November 24, 2014, when UPLI hired Alkuino as an Assistant Stage Manager for a four-month contract aboard the vessel "Westerdam." His responsibilities included assisting the manager and organizing the stage for performances. His employment was governed by a Collective Bargaining Agreement (CBA) effective from January 1, 2015, to December 31, 2017. Prior to his employment, Alkuino underwent a pre-employment medical examination and was declared fit for sea duties.

On March 20, 2015, while on board, Alkuino experienced back pain after moving boxes for a show. He initially ignored the pain but later reported it to his superior when it worsened. The ship's doctor provided pain relievers, but as the pain persisted, he was sent to an orthop...

Facts:

Employment and Contract Details:

• On November 24, 2014, United Philippine Lines, Inc. (UPLI) hired Juanito P. Alkuino, Jr. (respondent) as Assistant Stage Manager for Holland America Line Westours, Inc. (Holland) under a four-month contract aboard the vessel "Westerdam."
• His duties included assisting the manager, supervising, and organizing the stage before, during, and after shows.
• His employment was governed by the HAL AMOSUP Collective Bargaining Agreement (CBA) covering January 1, 2015, to December 31, 2017.

Pre-Employment Medical Examination:

• Respondent underwent a pre-employment medical examination and was declared fit for sea duties.

Onboard Injury and Medical Treatment:

• On March 20, 2015, respondent experienced back pain after moving boxes for a show. The pain worsened, leading to lower back pain and right leg numbness.
• He was treated by the ship doctor with pain relievers and later referred to an orthopedic doctor in Florida, U.S.A., where he was diagnosed with lumbar disc disorder.
• On April 13, 2015, he was repatriated for medical reasons.

Post-Repatriation Medical Treatment:

• Upon arrival in the Philippines on April 16, 2015, UPLI referred respondent to Shiphealth, Inc. for further treatment.
• An MRI revealed disc degeneration at L4-L5, and he was advised to undergo physical therapy (PT) sessions.
• The company-designated physician recommended surgery (transforaminal interlumbar fusion), but respondent refused and opted for continued PT sessions.
• On August 5, 2015, the company-designated physician issued a Final Medical Report declaring respondent "maximally medically improved" with a Grade 8 partial permanent disability (moderate rigidity or 2/3 loss of motion or lifting power of the trunk).

Consultation with Personal Physician:

• Respondent consulted his personal physician, Dr. Manuel Fidel M. Magtira, who assessed him as permanently and totally disabled.
• Respondent requested UPLI to refer his case to a third doctor, but UPLI ignored the request.

Filing of Complaint:

• Respondent filed a complaint with the National Conciliation Mediation Board (NCMB)-Panel of Voluntary Arbitrators (PVA) seeking permanent and total disability benefits.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Final and Definitive Assessment: The company-designated physician's assessment, issued within the 120-day reglementary period, is conclusive. The Court reiterated that a seafarer's disability is deemed permanent and total only if no definitive assessment is made within 120 or 240 days. In this case, the company-designated physician's timely and definitive assessment of a Grade 8 partial permanent disability prevails over the personal physician's assessment.

2. Solidary Liability of Corporate Officers: Under Section 10 of RA 8042, as amended, corporate officers are jointly and solidarily liable with the recruitment/placement agency for money claims of overseas Filipino workers. Thus, Consunji, as the owner and president of UPLI, is solidarily liable with UPLI.

3. Computation of Disability Benefits: The Court applied the HAL AMOSUP CBA and the POEA-SEC to compute respondent's disability benefits. The Grade 8 disability rating corresponds to a 33.59% disability, resulting in a benefit of US$20,154.00.

4. No Basis for Attorney’s Fees: The Court found no evidence of bad faith or unjustified refusal by UPLI to pay the claim, thus deleting the award of attorney’s fees.

Conclusion:

The Supreme Court modified the Court of Appeals' decision, ruling that respondent is entitled to partial and permanent disability benefits of US$20,154.00, with Consunji solidarily liable with UPLI. The award of attorney’s fees was deleted.