Case Digest (G.R. No. 227216)
Facts:
Yialos Manning Services, Inc., Overseas Shipmanagement S.A., Raul Vicente Perez, and Minerva Alfonso v. Ramil G. Borja, G.R. No. 227216, July 04, 2018, Supreme Court Second Division, Caguioa, J., writing for the Court (Carpio, Senior Associate Justice, Chairperson, Peralta, Perlas‑Bernabe, and A. Reyes, Jr., JJ., concurring).
Ramil G. Borja (respondent) was employed as an oiler by Yialos Manning Services, Inc. (YMSI) for and on behalf of its principal Overseas Shipmanagement S.A. (OSSA). After boarding M/V Thetis on April 20, 2010, Borja felt back pain on November 9, 2010 following onboard maintenance work; he was diagnosed abroad with intervertebral protrusion and repatriated on November 25, 2010. Upon return he sought treatment at Marine Medical Services of Metropolitan Medical Center (company‑designated physician) and also consulted other physicians who diagnosed varying back pathologies and recommended continued therapy.
On April 15, 2011 the company‑designated physician, Dr. William Chuasuan, issued a disability rating of “Grade 11 – slight rigidity of 1/3 [loss of] motion or lifting power of the trunk.” Borja continued treatment and obtained an assessment from his own physician declaring him totally and permanently disabled. He demanded medical reimbursements and total permanent disability benefits; YMSI denied liability.
Borja filed a complaint before the Labor Arbiter on July 7, 2011 for payment of unpaid wages, disability benefits (claiming total permanent disability), moral and exemplary damages, and attorney’s fees. At conciliation the parties supposedly agreed to secure a third medical opinion, but Borja later refused to submit to a third doctor. On February 9, 2012 the Labor Arbiter granted Borja total permanent disability benefits (US$60,000) and attorney’s fees. The National Labor Relations Commission (NLRC) dismissed petitioners’ appeal and affirmed the award in a May 15, 2012 Resolution and denied reconsideration on July 9, 2012 (NLRC LAC No. 03‑000281‑12/NLRC OFW CASE No. (M) 07‑10393‑11). Petitioners filed a petition for certiorari with the Court of Appeals (CA), which on ...(Pro-only)
Issues:
- Whether Borja is entitled to total permanent disability benefits. ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)