Case Summary (G.R. No. 237428)
Facts
On February 26, 2010, the respondent, Rickmers Marine Agency Phils., Inc., acting on behalf of its foreign principal, Global Management Limited, hired Noriel Montierro as an Ordinary Seaman with a monthly salary of USD 420. Montierro was assigned to the vessel M/V CSAV Maresias. In May 2010, while descending from a crane ladder, Montierro lost his balance and injured his right knee. On May 31, 2010, he was examined in Livorno, Spain, where Dr. Roberto Santini found him unfit for duty, recommending surgical treatment upon his return home. Consequently, Montierro was repatriated to the Philippines on June 2, 2010.
Upon his return, Montierro consulted Dr. Natalio G. Alegre II, the company-designated physician, on June 4, 2010. Subsequent MRI results revealed a medial meniscal tear. Montierro underwent arthroscopic surgery on July 29, 2010. Despite improvements noted during subsequent consultations, he continued to experience pain and limitations in motion. On September 3, 2010, after 91 days of treatment, Dr. Alegre issued an interim disability rating of Grade 10. Montierro continued rehabilitation until January 3, 2011, when Dr. Alegre gave a final assessment, reiterating the Grade 10 rating.
LA and NLRC Rulings
On December 3, 2010, Montierro filed a complaint with the Labor Arbiter for permanent disability compensation amounting to USD 89,000, along with other claims. The Labor Arbiter ruled in favor of Montierro on June 29, 2011, awarding him permanent total disability benefits based on the 120-day rule established by Crystal Shipping, Inc. v. Natividad. The NLRC affirmed this ruling on June 5, 2012. Rickmers subsequently sought reconsideration, which the NLRC denied, prompting the filing of a Rule 65 Petition with the Court of Appeals.
CA Ruling
The Court of Appeals, on August 8, 2013, upheld the one-month sickness allowance but modified Montierro’s disability classification to Grade 10 permanent partial disability instead of total disability. The CA relied on the 240-day rule from Vergara v. Hammonia Maritime Services, Inc., asserting that Montierro’s treatment and assessment followed this extended timeline.
The CA emphasized that due to the lapse of only 215 days from the start of treatment to the assessment, Montierro's condition could not be classified as permanent and total disability under the legal framework. The CA also ruled that in cases of conflicting medical assessments, the opinion of the company-designated physician prevails. Additionally, the CA denied attorney’s fees, citing a lack of bad faith on the employer's part.
Rule 45 Petition
Montierro subsequently filed a Rule 45 Petition before the Supreme Court, arguing for full disability benefits under the 120-day rule, asserting that the recent cases rely on Crystal Shipping rather than Vergara. He contested the weight of the assessments from both the company and personal physicians and sought attorney’s fees based on his belief of being forced to litigation.
Issues
The case presented three primary issues for resolution:
- Which rule applies—the 120-day or the 240-day rule?
- Which medical assessment should be given precedence?
- Is Montierro entitled to attorney’s fees?
Ruling on 120-day vs. 240-day Rule
The Supreme Court determined that since Montierro filed his complaint on December 3, 2010, after the promulgation of Vergara on October 6, 2008, the 240-day rule applies. The Court clarified that complaints filed before this date follow the 120-day rule. Thus, following the 240-day regulation, Montierro's assessment by Dr. Alegre on the 213th day fell within the allowable timeframe for a classification of disability.
Ruling on Company Doctor vs. Personal Doctor
Following the principles established in Vergara, the Court upheld that medical assessment procedures outlined in the 2000 POEA-SEC were bindin
...continue readingCase Syllabus (G.R. No. 237428)
Case Overview
- This case involves a Petition for Review on certiorari filed by Noriel R. Montierro against Rickmers Marine Agency Phils., Inc., seeking to nullify the Decision dated August 8, 2013, and the Resolution dated January 6, 2014, issued by the Court of Appeals in CA-G.R. SP No. 126618.
- The case centers around Montierro's claim for permanent disability benefits following an injury sustained while working as an Ordinary Seaman.
Factual Background
- On February 26, 2010, Rickmers Marine Agency Phils., Inc. hired Montierro as an Ordinary Seaman, with a monthly salary of USD 420, to work on the vessel M/V CSAV Maresias.
- Montierro suffered a right knee injury in May 2010 after losing his balance while descending a crane ladder.
- He was examined in Livorno, Spain, by Dr. Roberto Santini, who recommended surgical treatment and found him unfit for duty.
- Montierro was repatriated to the Philippines on June 2, 2010, for further medical attention.
- He underwent surgery on July 29, 2010, followed by physical therapy and evaluations until January 3, 2011, when the company-designated physician, Dr. Natalio G. Alegre II, issued a final disability assessment.
Medical Assessments and Disability Claims
- Montierro's medical evaluations indicated a medial meniscal tear and limited range of motion in his right knee, leading to pain and instability.
- On December 3, 2010, Montierro filed a complaint for permanent disability compensation, asserting he was unfit to return to