Title
Abella vs. Abosta Shipmanagement Corp.
Case
G.R. No. 249358
Decision Date
Apr 28, 2021
Seafarer injured at work deemed permanently disabled by law due to employer's failure to provide timely medical assessment, receiving $60K in benefits.

Case Summary (G.R. No. 124452)

Facts of the Case

Abella was deployed on March 20, 2016. On June 23, 2016, while handling a sack of rice, he experienced a sudden and sharp pain in his lower back, which he reported to his superiors. Initially treated with pain medication and a waist protector, his condition persisted, leading to a diagnosis of lumbar spondylosis and discopathy in Singapore. After further complications, he was repatriated to the Philippines on August 6, 2016, where he was diagnosed with a herniated disc at NGC Medical Specialist Clinic. Despite undergoing several treatments, Abella claimed that the respondents ceased treatment in February 2017 and received an assessment rating him with Grade 8 disability.

Initial Assessments and Claims

On February 20, 2017, during a conference, the respondents informed Abella of his Grade 8 disability status and offered corresponding benefits. When Abella sought further treatment or a better settlement, his requests were denied. A medical assessment by Dr. Cesar H. Garcia on April 25, 2017, indicated permanent unfitness for sea duty, prompting Abella to file a complaint for total and permanent disability benefits on May 24, 2017. He asserted that the failure of the company-designated physician to issue a timely final medical assessment justified his claim for total disability.

Labor Arbiter's (LA) Decision

The Labor Arbiter dismissed Abella’s complaint in a January 25, 2018 decision, concluding he was only entitled to Grade 8 disability benefits amounting to $16,795. The LA emphasized that the medical assessments from the company-designated physician held greater weight, given their comprehensive nature compared to Dr. Garcia's assessment based solely on a single examination. The LA acknowledged the timely issuance of the company-designated physician's assessment as sufficient to support the conclusion that Abella was not totally and permanently disabled.

NLRC Decision

The National Labor Relations Commission (NLRC) affirmed the LA's decision on May 24, 2018, denying Abella's appeal for total permanent disability benefits. The NLRC upheld the November 22, 2016 assessment over Dr. Garcia’s assessment, noting that the latter was made without the benefit of comprehensive medical tests. Furthermore, the NLRC stated that the results of tests ordered by a third doctor did not directly establish total disability without a proper third-party assessment being secured.

Court of Appeals (CA) Decision

Abella's petition for certiorari to the CA was denied, affirming the NLRC's findings. The CA noted that Abella failed to provide substantial evidence in his favor. It stated that the absence of a medical assessment from a third doctor further substantiated the validity of the company-designated physician’s assessment. The CA reiterated that a seafarer's inability to work after a certain number of days does not automatically entitle them to total and permanent disability benefits.

Petition for Review on Certiorari

In seeking a review, Abella argued he was entitled to total and permanent disability benefits, contending that the respondents failed to complete the conflict-resolution process, which undermined the validity of their claims. He maintained that medical tests supported his claim of enduring disability.

Court’s Ruling

The Supreme Court found merit in Abella's petitio

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