Title
Westminster Seafarer Management Philippines, Inc. vs. Raz
Case
G.R. No. 249344
Decision Date
Apr 5, 2022
Seafarer injured on duty; conflicting medical assessments led to legal dispute over disability benefits, legal interest, and attorney’s fees. Court upheld partial disability award.
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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:

  • (Unlock)

Ruling:

  • (Unlock)

Ratio:

  1. 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.
  2. 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.


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