Case Summary (G.R. No. L-47851)
Employment Details
Turallo was employed as a Messman aboard the vessel "Hoegh Tokyo" starting from January 2, 2013, with the employment contract signed on December 27, 2012. His employment was governed by a Collective Bargaining Agreement (CBA) between the Associated Marine Officers' and Seamen's Union of the Philippines and Hoegh Fleet Services AS. Turallo was declared "fit for sea duty" after a Pre-Employment Medical Examination.
Incident and Medical Findings
In September 2013, Turallo reported pain in his upper back and chest while on board the vessel. Following this report, he was evaluated by an onboard doctor and subsequently examined by a company-designated physician upon returning to Manila. Extensive medical assessments led to a diagnosis of several serious conditions including shoulder and cervical issues, for which surgical intervention was recommended.
Surgical Intervention and Evaluation
On December 19, 2013, Turallo underwent surgery for cervical spine issues. Post-surgery evaluations indicated that he would require a three-month rehabilitation period and noted a potential disability rating, pending further assessments. Despite ongoing rehabilitation, Turallo continued to experience pain and sought a second opinion, which concluded that he was permanently unfit for sea duty.
Arbitration Proceedings
After unsuccessful negotiations for a disability settlement, Turallo filed a Notice to Arbitrate. The Panel of Voluntary Arbitrators eventually ordered the petitioners to pay Turallo US$90,000.00 in disability compensation, US$3,084.54 for sickness allowance, and legal fees equivalent to ten percent of the total award.
Court of Appeals Ruling
The Court of Appeals upheld the Panel's decision but modified the amount of attorney's fees from ten percent of the total monetary award to US$1,000.00, justifying this reduction. The appeal by Hoegh Fleet centered on the assertion that Turallo was not entitled to total and permanent disability benefits since it claimed a final assessment had been issued within the required period.
Legal Standards and Judicial Interpretation
The Supreme Court evaluated the claims based on Section 32 of the Philippine Overseas Employment Agency (POEA) Standard Employment Contract (SEC), which governs seafarers' employment conditions. It ruled that any disability rating less than Grade 1 can be deemed total and permanent if it prevents a worker from performing duties for more than 120 to 240 days.
Conclusion on Claims and Awards
The
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Case Background
- The case involves consolidated Petitions for Review on Certiorari under Rule 45 of the Rules of Court, with G.R. No. 230481 and G.R. No. 230500.
- The petitioners are Hoegh Fleet Services Phils., Inc. and/or Hoegh Fleet Services AS, while the respondent is Bernardo M. Turallo.
- The Court of Appeals (CA) decision dated November 8, 2016, ordered the petitioners to pay Turallo a total of US$94,084.54, which includes disability compensation, sickness allowance, and attorney's fees.
Employment and Medical Background
- Turallo was hired as a Messman on board the vessel "Hoegh Tokyo" for a nine-month term, with a contract signed on December 27, 2012.
- He was declared "fit for sea duty" in the Pre-Employment Medical Examination (PEME) and boarded the vessel on January 2, 2013.
- In September 2013, Turallo reported upper back and chest pain, leading to further medical evaluations upon referral by the ship's captain.
- After several medical assessments, he was diagnosed with multiple conditions, including "Acromioclavicular Joint Arthritis" and "Cervical Spondylosis," requiring various surgical and rehabilitation treatments.
Legal Proceedings and Grievance
- Despite continuous rehabilitation, Turallo experienced persistent pain, prompting him to seek a second opinion in May 2014.
- Turallo was declared