Case Summary (G.R. No. 241674)
Background Facts
Razonable entered into a Contract of Employment with A.P. Moller through Maersk on March 24, 2015 to serve on the vessel MN Maren Maersk for six months. This employment was subject to a Collective Bargaining Agreement (CBA) between the Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP) and the Danish Shipowners’ Association (DSA). Razonable suffered a back injury on May 6, 2015, resulting in a diagnosis of "Prolapse Lumbar Disc L4-L5 and L5-S1." After being repatriated on June 17, 2015, he received treatment and was eventually assessed as unfit for work by the company-designated physician, Dr. Rodolfo P. Bergonio.
Medical Assessments and Dispute
Following his surgery on July 27, 2015, Razonable underwent physical rehabilitation until October 9, 2015. The final assessment by Dr. Bergonio indicated a Disability Grade 11 with a one-third loss of lifting power of the trunk. Razonable rejected this assessment, seeking total and permanent disability benefits instead. A subsequent evaluation by Dr. Manuel Fidel Magtira stated that Razonable was permanently unfit for seafaring duties. However, the respondents failed to address Razonable's request for a third doctor’s opinion and ignored further communication from Razonable’s counsel.
Administrative Rulings
Razonable filed a complaint for total disability benefits amounting to $80,000, alongside moral damages and attorney's fees. The National Conciliation and Mediation Board ruled in favor of Razonable, granting him the total disability benefits sought. This decision was appealed by the respondents to the Court of Appeals (CA), which overturned the NCMB's ruling, arguing that the injury was not accidental and that Razonable's entitlement to benefits was limited to the Disability Grade 11 assessment.
Court of Appeals Decision
The CA found it significant that Razonable’s injury did not stem from a work-related accident and thus amended the benefits due to him, significantly reducing it to $7,465. This finding was based on the assumption that his claim relied on provisions applicable to Filipino ship officers rather than ratings.
Supreme Court's Ruling
On further review in a petition under Rule 45, the Supreme Court declared that the CA's ruling was erroneous. The Court found that the company-designated physician failed to issue a valid and final assessment within the prescribed time limits according to the POEA-SEC. The Court noted that the assessments provided were neither conclusive nor definitive, which led to the conclusion that Razonable was entitled to total and permanent disability benefits.
Entitlement to Be
...continue readingCase Syllabus (G.R. No. 241674)
Case Background
- This case involves a petition for review on certiorari (Petition) under Rule 45 of the Rules of Court, filed by Zaldy C. Razonable against Maersk-Filipinas Crewing, Inc. and A.P. Moller A/S.
- The petition seeks to reverse the Decision and Resolution of the Court of Appeals (CA) dated May 4, 2018, and August 20, 2018, respectively.
Facts of the Case
- Razonable signed a Contract of Employment with A.P. Moller, through Maersk, to serve as an Ordinary Seaman on the vessel MN Maren Maersk on March 24, 2015.
- His employment was governed by the Collective Bargaining Agreement (CBA) between the Associated Marine Officers and Seamen's Union of the Philippines PTGWO-ITF and the Danish Shipowners' Association, lasting six months with a monthly salary of US$450.00.
- On May 6, 2015, Razonable experienced a back injury while carrying a heavy ripper motor. He received first aid and was later diagnosed with "Prolapse Lumbar Disc L4-L5 and L5-S1, back pain with Sciatica" on June 11, 2015.
- Following repatriation on June 17, 2015, he underwent further examination and was advised to have surgery, which was performed on July 27, 2015.
- After surgery, Razonable received physical therapy until October 9, 2015. Dr. Bergonio, a company-designated physician, assessed him as unfit for work with a Disability Grade 11.
- Razonable refused the offered disability benefits, insisting on total and permanent disability benefits. He consulted another physician, Dr. Magtira, who declared him permanently unfit for se