Title
Hartman Crew Philippines vs. Acabado
Case
G.R. No. 249567
Decision Date
Sep 29, 2021
Seafarer injured on duty; company physician failed to issue final disability assessment within 240 days, resulting in permanent total disability ruling.

Case Summary (G.R. No. 140500)

Antecedents

Acabado's employment commenced on March 16, 2015, and he reported various injuries stemming from his work activities shortly thereafter. Following an incident on August 23, 2015, where he injured his knees, and an accident falling from stairs the next day, he was examined by physicians who diagnosed him with a "meniscus tear." Despite subsequent diagnoses indicating issues with both knees, Acabado faced challenges in obtaining comprehensive medical benefits from the petitioners.

Rulings of the Labor Arbiter (LA) and NLRC

On March 2, 2017, the LA found that the petitioners failed to issue an appropriate assessment of Acabado's disability within the required timelines, entitling him to full benefits of 60,000 USD. The NLRC later modified this ruling, upholding a Grade 10 disability rating based on the company-designated physician's evaluations, awarding 10,075 USD instead.

Ruling of the Court of Appeals (CA)

The CA subsequently overturned the NLRC's decision on June 21, 2019. It reinstated the LA’s ruling with modifications, ruling that Acabado was entitled to the full 60,000 USD in permanent total disability benefits on the grounds that the company-designated physician failed to provide a conclusive disability rating within the allowed periods, therefore establishing a presumption of permanent and total disability.

Arguments of the Petitioners

The petitioners contended that the CA erred in its conclusions. They asserted that Acabado was not entitled to total and permanent disability benefits as the company-designated physician had declared him as Grade 10 disabled. They also alleged procedural errors on Acabado's part for not obtaining a third doctor's opinion prior to pursuing his claims, along with a contested assertion regarding the entitlement to attorney’s fees.

The Court's Ruling

The Supreme Court denied the petition, affirming the CA's judgment. It reiterated the ruling that the duty of the company-designated physician to provide a final disability assessment is critical. Failure to do so renders any prior findings ineffective and leads to the automatic classification of the seafarer's

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