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 supe...
Case Digest (G.R. No. 249344)
Facts:
Employment and Injury
- Arnulfo C. Raz (respondent) entered into a Contract of Employment on November 10, 2014, to work as a Fitter for the vessel NOCC Kattegat for nine months. Westminster Seafarer Management Philippines, Inc. (petitioner) acted as the agent for Wallem Shipmanagement Limited. Respondent’s duties included heavy lifting, welding, and maintaining the vessel engine.
- On May 15, 2015, while lifting a heavy cylinder head, respondent experienced pain in his right shoulder. The pain worsened, and he was repatriated to the Philippines on May 31, 2015, after being declared unfit to work.
Medical Examinations and Assessments
- Upon repatriation, respondent was referred to the NGC Clinic, where an MRI revealed a shoulder injury, including a superior labral tear and supraspinatus tendinosis. He underwent surgery on July 8, 2015, and continued physiotherapy.
- On November 11, 2015, Dr. Nicomedes G. Cruz, the company-designated physician, assessed respondent with a Grade 9 disability (ankylosis of one shoulder) and declared him not permanently unfit to work. He was entitled to US$25,313.00 in disability benefits under the Collective Bargaining Agreement (CBA).
- In December 2015, respondent sought a second opinion from Dr. Manuel Fidel M. Magtira, who declared him permanently unfit for sea duties. Respondent notified petitioner and requested a third medical examination, but petitioner failed to act on this.
Legal Proceedings
- Respondent filed a complaint before 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 respondent, awarding him US$129,212.00 in total permanent disability benefits, moral damages, and attorney’s fees. The Court of Appeals (CA) later modified the award to US$25,313.00, consistent with the Grade 9 disability assessment.
Issue:
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Ruling:
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Ratio:
- Legal Interest: Under Nacar v. Gallery Frames, a final and executory judgment for a sum of money accrues legal interest at 6% per annum from the date of finality until full payment. Petitioner failed to provide evidence that it had already paid the judgment award, so the CA’s imposition of legal interest stood.
- Attorney’s Fees: Respondent was forced to litigate to protect his rights, making him entitled to attorney’s fees under Article 2208(8) of the Civil Code. The CA’s award of 10% of the monetary award was reasonable.