Title
Supreme Court
NFD International Manning Agents, Inc. vs. Illescas
Case
G.R. No. 183054
Decision Date
Sep 29, 2010
Seafarer injured on duty, diagnosed with lumbar disc herniation, declared unfit for work. Awarded $90K under CBA despite no accident, plus attorney’s fees.

Case Summary (G.R. No. 211972)

Background and Employment Contract

On September 6, 2002, Illescas signed a Contract of Employment to serve as Third Officer for a period of nine months, with a monthly salary of US$854.00, complying with the Philippine Overseas Employment Administration (POEA) Standard Contract for Seafarers. After a pre-employment medical exam, he began working on October 6, 2002. Despite a relatively good start, an incident on May 16, 2003, involving the lifting of fire hydrant caps, led to severe back pain for Illescas.

Injury and Medical Treatment

Illescas suffered an injury on May 17, 2003, when he felt a snap in his back while handling heavy equipment. Initially managed with pain relievers, his condition worsened to the point where he was treated at a clinic in Japan, diagnosed with lumbago and advised to limit heavy lifting. Subsequently, Illescas was repatriated on June 14, 2003, and diagnosed with serious spinal issues following tests in the Philippines. Despite undergoing surgery on August 27, 2003, his condition remained such that he could not perform his previous duties.

Claim for Disability Benefits

On December 16, 2003, Illescas, through counsel, demanded payment for disability benefits. The claim was assessed by a local correspondent of the P&I Club connected to Barber Ship Management. An initial offer of US$16,795.00 was rejected by Illescas, who asserted his accident and subsequent disability fell under his Collective Bargaining Agreement (CBA) entitling him to US$90,000.00.

Legal Proceedings and Initial Rulings

The issue escalated through the NLRC after Illescas filed a complaint. The Labor Arbiter ruled in favor of Illescas, granting him the full amount of US$90,000.00 as per the CBA, citing his injury as an unforeseen accident. Petitioners appealed this decision, leading to the NLRC upholding a modification that awarded only US$16,795.00, arguing that the injury was not an accident as defined by the CBA.

Court of Appeals Decision

Dissatisfied with the NLRC's ruling, Illescas sought recourse from the Court of Appeals, which overturned the NLRC's decision on October 23, 2007. The appellate court concluded that Illescas's injury was indeed the result of an accident while performing his duties, and the CBA provisions were applicable. The Court of Appeals reinstated the award of US$90,000.00 in benefits.

Award of Attorney’s Fees

The Court of Appeals also granted Illescas attorney's fees, asserting that he incurred costs in protecting his rights due to the actions of the petitioners. The appellate court justified this award under relevant provisions of the Labor Code and Civil Code.

Supreme Court Evaluation

The principles at stake were examined by the Supreme Court, emphasizing the definitions and interpretations of an "acci

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