Case Digest (G.R. No. 249344)
Facts:
- The case involves Westminster Seafarer Management Philippines, Inc. (petitioner) and Arnulfo C. Raz (respondent).
- Raz entered into a Contract of Employment on November 10, 2014, to work as a Fitter on the vessel NOCC Kattegat for nine months.
- The petitioner acted as the agent of Wallem Shipmanagement Limited.
- Raz's duties included repairing and maintaining the vessel's engine, which involved lifting heavy equipment.
- On May 15, 2015, Raz suffered severe pain in his right shoulder while lifting a heavy cylinder head.
- After reporting the injury, he was referred to a physician in Southampton, London, and was repatriated on May 31, 2015, after being declared unfit for work.
- Upon returning to the Philippines, further medical examinations revealed multiple shoulder injuries, leading to surgery on July 8, 2015.
- Raz was assessed with a Grade 9a disability by the company-designated physician but was not deemed permanently unfit for work.
- A second opinion from another physician declared him permanently unfit for any sea duties.
- Raz filed a complaint with the National Conciliation and Mediation Board (NCMB) for total permanent disability benefits, medical reimbursement, damages, and attorney's fees.
- The NCMB ruled in favor of Raz on June 20, 2017, awarding him a total of US$129,212.00 in benefits, US$10,000.00 in moral damages, and 10% of the total award as attorney's fees.
- The petitioner sought reconsideration, which was denied, and the Court of Appeals (CA) later reduced the disability benefit to US$25,313.00 while affirming the attorney's fees and legal interest.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition, affirming the Court of Appeals' decision dated May 6, 2019, and the resolution dated September 12, 2019.
- The Court upheld the imposition of 6% legal inter...(Unlock)
Ratio:
- The Court noted that the awarded amount of US$25,313.00 was binding, as neither party contested it further.
- The petitioner's claim of having satisfied the judgment award lacked supporting evidence, as no documentation of payment was provided.
- Legal interest at 6% per annum applies from the finality of the judgment...continue reading
Case Digest (G.R. No. 249344)
Facts:
The case involves Westminster Seafarer Management Philippines, Inc. (petitioner) and Arnulfo C. Raz (respondent). The events leading to the case began on November 10, 2014, when Raz entered into a Contract of Employment to work as a Fitter on the vessel NOCC Kattegat for a duration of nine months. The petitioner acted as the agent of Wallem Shipmanagement Limited. Raz's responsibilities included repairing and maintaining the vessel's engine, which required lifting heavy equipment. On May 15, 2015, while lifting a heavy cylinder head, Raz experienced severe pain in his right shoulder, which progressively worsened, limiting his ability to raise his arm. After reporting the injury, he was referred to a physician in Southampton, London, and was repatriated on May 31, 2015, after being declared unfit for work.
Upon returning to the Philippines, Raz underwent further medical examinations at the NGC Clinic, where an MRI revealed multiple shoulder injuries, including a superior labral tear and supraspinatus tendinosis. He underwent surgery on July 8, 2015, and was discharged after two months, continuing outpatient physical therapy. On November 11, 2015, Dr. Nicomedes G. Cruz, the company-designated physician, assessed Raz with a Grade 9a disability but stated he was not permanently unfit for work. However, Raz sought a second opinion from Dr. Manuel Fidel M. Magtira, who declared him permanently unfit for any sea duties.
Raz filed a complaint against the petitioner with the National Conciliation and Mediation Board (NCMB) for total permanent disability benefits, medical reimbursement, damages, and a...