Case Summary (G.R. No. 215111)
Factual Antecedents
On March 30, 2010, respondent Delos Reyes was employed as a bosun aboard the vessel MV Stellar Daisy for a nine-month duration by petitioner Abosta. Prior to boarding, he underwent a Pre-Employment Medical Examination and was declared fit to work. In July 2010, he experienced pain in his groin and was subsequently diagnosed in Korea with an inguinal hernia. Following this diagnosis, he was repatriated for further medical evaluation. The company-designated physician subsequently recommended surgical intervention, which was performed on August 23, 2010. After being discharged two days later, Delos Reyes was initially declared fit to work on September 2, 2010.
Medical Assessments and Disability Claim
However, on July 19, 2011, respondent consulted Dr. Li-Ann Lara-Orencia, who diagnosed him as permanently unfit to work, attributing a Grade 1 disability to his condition. Dr. Orencia's findings highlighted the risk of recurrence associated with physical labor, particularly the heavy lifting required in his role. Consequently, on July 20, 2011, Delos Reyes filed a Complaint for Disability Benefits, Damages, and Attorney's Fees.
Ruling of the Labor Arbiter
The Labor Arbiter dismissed Delos Reyes's complaint on December 29, 2011, favoring the assessment of the company-designated physician over that of Dr. Orencia. The Arbiter noted the reliability of the company physician's assessment, which was based on several months of treatment versus the independent physician's assessment issued nearly a year post-repatriation.
Ruling of the National Labor Relations Commission
Delos Reyes appealed this decision, but on June 29, 2012, the National Labor Relations Commission (NLRC) upheld the Labor Arbiter's ruling. The NLRC noted the absence of a third-party medical opinion, which according to the Philippine Overseas Employment Administration (POEA) contract was necessary to overturn the initial fit-to-work assessment by the company-designated physician.
Ruling of the Court of Appeals
Undeterred, Delos Reyes sought elevation to the Court of Appeals through a Petition for Certiorari. On March 26, 2014, the CA overturned the prior rulings, declaring him entitled to total and permanent disability compensation. It favored Dr. Orencia's assessment, emphasizing that the nature of his illness substantially impeded his ability to perform his duties as a bosun, which entailed physical exertion.
Petitioners' Arguments
In their petition, the petitioners asserted that Delos Reyes's claim for total and permanent disability benefits was unfounded due to a lack of credible medical evidence proving his Grade 1 disability. They contended that Dr. Orencia's assessment lacked a basis in her own diagnosis and cited her as insufficiently qualified to evaluate Delos Reyes's condition adequately. They further argued that the CA should have prioritized the medical opinion of the company-designated physician.
Respondent's Argument
Delos Reyes countered that the company-designated physician's assessment should not be viewed as final or conclusive due to the conflicting opinion from Dr. Orencia. He posited that total disability encompasses an inab
...continue readingCase Syllabus (G.R. No. 215111)
Background of the Case
- The petitioners in this case are Abosta Shipmanagement Corporation, a licensed manning agency, and Panstar Shipping Co., Ltd., a foreign principal agency based in Korea.
- Gaudencio Morales, an officer of Abosta, is also a petitioner in this case.
- Rodel D. Delos Reyes, the respondent, was employed by Abosta as a bosun on the vessel MV Stellar Daisy for a nine-month duration starting March 30, 2010.
- Prior to his employment, Delos Reyes underwent a Pre-Employment Medical Examination and was declared fit to work.
Factual Antecedents
- In July 2010, Delos Reyes complained of groin pain while performing his duties.
- He received treatment in Korea, where he was diagnosed with Inguinal Hernia.
- Following his repatriation on August 1, 2010, he was examined by the company-designated physician and subsequently underwent surgery for his condition.
- After the surgery, Delos Reyes was discharged from the hospital and received two months' sickness allowance.
- On September 2, 2010, he was declared fit to work by the company-designated physician.
Subsequent Medical Assessments
- On July 19, 2011, Delos Reyes consulted Dr. Li-Ann Lara-Orencia, who assessed him as permanently unfit to work and suffering from a Grade 1 disability.
- Dr. Orencia's Medical Certificate highlighted that Delos Reyes’s hernia was compensable and noted the risks associated with heavy lifting, which would prevent him from returning to his duties as a bosun.
Legal Proceedings
- Following Dr. Orencia's assessment, Delos Reyes filed a Complaint for Disability Benefits, Damages, and Attorney's fees on July 20, 2011.
- The Labor Arbiter dismissed the complaint on December 29, 2011, favoring the medical assessment of the company-designated physician due to th