Case Summary (G.R. No. 220904)
Facts of the Case
On November 19, 2009, Ruperto S. Pasamba (respondent) was hired by Jebsens Maritime, Inc., acting for their foreign principal, Hapag-Lloyd Aktiengesellschaft, to serve as an Able Seaman for six months. Respondent boarded the vessel CMS Dusseldorf Express on December 21, 2009. Beginning January 24, 2010, he developed various health issues, including a clogged nose and dizziness. A consultation with a shore physician in Japan on February 4, 2010, resulted in a diagnosis of sinusitis, myringitis, vascular headache, and unstable angina, prompting his immediate repatriation for treatment, which occurred on February 5, 2010.
Upon returning, respondent consulted company-designated doctors on February 6, 2010, leading to a diagnosis of polysinusitis and bilateral mastoiditis. The respondent underwent mastoid surgery on February 25, 2010, and again on May 14, 2010. By July 9, 2010, he was declared "fit for work" after a recovery period, notwithstanding that he experienced temporary hearing loss post-surgery. In November 2011, more than a year later, respondent gained re-employment as an Able Seaman through a different agency.
Procedural History
On July 31, 2012, respondent consulted an independent doctor who diagnosed him with moderate to profound mixed hearing loss, prompting him to seek permanent disability benefits, leading to a complaint filed on August 13, 2012. The Labor Arbiter ruled against him, finding him fit for work based on the earlier company doctors' assessments and noting his re-employment as indicative of fitness. However, he was awarded sickness allowance and attorney's fees.
The National Labor Relations Commission (NLRC) reversed the Labor Arbiter’s decision, asserting his entitlement to permanent disability benefits due to his inability to work for over 120 days. This ruling emphasized that the declaration of fitness by company-designated doctors after the 120-day mark did not negate his claim.
Court of Appeals Ruling
The Court of Appeals affirmed the NLRC's ruling, agreeing that respondent's inability to work beyond the 120 days resulted in a consideration of permanent total disability. The CA noted that the sickness allowance was appropriately modified to include days not initially covered by either tribunal below, affirming attorney's fees.
Petitioners’ Argument
Petitioners appealed, contesting the determination of permanent disability based solely on the timeline of absence from work post-repatriation. They argued that the initial declaration of fitness for work following the company's medical assessment should take precedence. They also claimed entitlement to sickness allowance limited to 130 days, arguing reliance on the collective bargaining agreement (CBA).
The Court’s Ruling
The Court determined that respondent was indeed not entitled to permanent disability benefits. It elaborated that the length of time off work does not alone qualify a seafarer for benefits without a final assessment from the company-designated physician within the statutory periods. The company's doctors had justifiable reasons for not issuing a rapacious evaluation until later, predominantly based on the nature of respondent's medical condition, including extended treatment and recovery periods.
Despite denying the c
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Case Background
- This case involves a Petition for Review on Certiorari filed by Jebsens Maritime, Inc. and Hapag-Lloyd Aktiengesellschaft (petitioners) against Ruperto S. Pasamba (respondent).
- The petition was filed under Rule 45 of the Rules of Court, challenging the Decision dated December 17, 2014, and the Resolution dated September 30, 2015, of the Court of Appeals (CA) in CA-G.R. SP No. 134720.
Employment and Illness
- On November 19, 2009, Jebsens Maritime, Inc., acting on behalf of Hapag-Lloyd Aktiengesellschaft, hired Ruperto S. Pasamba as an Able Seaman for six months.
- Respondent boarded the CMS Dusseldorf Express on December 21, 2009.
- On January 24, 2010, he began experiencing health issues, including a clogged nose, dizziness, and headaches.
- After his condition persisted, he consulted an onshore physician in Japan on February 4, 2010, who diagnosed him with multiple ailments and recommended immediate repatriation for treatment.
- Respondent was repatriated on February 5, 2010, and subsequently referred to company-designated doctors upon reporting to the petitioners' office.
Medical Findings and Treatment
- On February 9, 2010, the company-designated doctors diagnosed respondent with several conditions, including polysinusitis and bilateral mastoiditis.
- Respondent underwent two surgeries (Mastoidectomy with Tympanoplasty) on February 25, 2010, and May 14, 2010.
- A Certificate of Physical Condition was issued on July 9, 2010, declaring him "fit for work," noting that any post-surgical symptoms were temporary.
Subsequent Employment and Disability Claim
- In November 2011, respondent secured re-employment as an Able Seaman with a different