Case Summary (G.R. No. 132922)
Background and Employment
Roy Jason P. Jones was hired by BSM Crew Service Centre Philippines, Inc. as a Messman on board the vessel Al Gattara under a nine-month contract governed by a Collective Bargaining Agreement (CBA). His employment commenced on November 5, 2014.
Incident and Medical Evaluation
On February 2015, while he was loading provisions, Jones experienced a sudden snap in his back, followed by pain radiating to his lower extremities. Medical repatriation occurred on March 17, 2015, and he was referred to a company-designated physician. Following various diagnostic tests and rehabilitation, he was cleared to return to work on July 1, 2015. Despite being cleared, Jones claimed he was not re-engaged by BSM.
Recurrence of Medical Issues
In 2016, Jones suffered recurring back pain. Upon consulting Dr. Francis Pimentel on March 6, 2016, he was deemed "not fit for work with permanent disability" due to facet joint hypertrophy affecting the exiting nerve root. Another physician, Dr. Rogelio Catapang, Jr., similarly found him unfit for sea duty. Attempts at grievance proceedings and conciliation failed to resolve the matter, leading to the initiation of voluntary arbitration.
Voluntary Arbitration Decision
The Panel of Voluntary Arbitrators of the National Conciliation and Mediation Board (PVA-NCMB) awarded Jones total permanent disability compensation of US$96,909.00 along with attorney’s fees in a decision dated December 8, 2016. BSM filed a motion for reconsideration, which resulted in the removal of the sickness allowance as it had already been paid.
Court of Appeals' Ruling
The Court of Appeals dismissed BSM's petition for review on March 20, 2018, upholding the PVA-NCMB’s decision. The Court of Appeals determined that the opinions of Jones's physicians regarding his disability outweighed the claims by BSM's designated physicians, which were interpreted as minimizing the severity of his condition.
Issues Raised
BSM raised two primary issues:
- Whether the PVA-NCMB's decision was appropriately promulgated.
- Whether the Court of Appeals correctly affirmed the award of permanent total disability benefits to Jones.
Promulgation of PVA-NCMB Decision
The Supreme Court ruled that BSM's claims regarding the issuance of the PVA-NCMB Decision were unfounded. BSM asserted that the chairperson of the panel, Jaime B. Montealegre, died before the Decision’s promulgation. The Court affirmed the finding of the Court of Appeals, noting that BSM failed to provide substantial evidence of Montealegre's death prior to the promulgation, which was dated December 8, 2016, and signed by all three members of the panel.
Affirmation of Disability Benefits
The Supreme Court concurred with the lower courts that Jones was entitled to total and permanent disability benefits. Although he was cleared for work in 2015, he presented ongoing health issues, supported by medical evidence indicating that he was unfit for manual labor due to b
...continue readingCase Syllabus (G.R. No. 132922)
Background of the Case
- The case involves a Petition for Review on Certiorari filed by BSM Crew Service Centre Philippines, Inc. (BSM) against Roy Jason P. Jones (Jones) regarding a decision by the Court of Appeals (CA).
- The CA affirmed the decision of the Panel of Voluntary Arbitrators of the National Conciliation and Mediation Board (PVA-NCMB), which awarded Jones total and permanent disability benefits.
- The case was decided on December 09, 2020, under G.R. No. 240518.
Facts of the Case
- Jones was hired by BSM as a Messman aboard the vessel Al Gattara on November 5, 2014, under a nine-month contract governed by a Collective Bargaining Agreement (CBA).
- In February 2015, while performing his duties, Jones experienced a sudden snap in his back, leading to pain radiating to his lower extremities.
- Following persistent pain, Jones was medically repatriated on March 17, 2015, and referred to a company-designated physician for treatment, which included a rehabilitation program and an epidural steroid injection.
- On July 1, 2015, Jones underwent a functional capacity evaluation, where the company-designated physician certified him as "pain free with full range of motion," and he signed a certificate declaring he was "cleared to return to work."
- However, upon reporting for re-employment, Jones was not re-engaged by BSM.
- Later in 2016, Jones sought medical advice from Dr. Francis Pimentel, who concluded he was "not fit for work with permanent disability" due