Case Summary (G.R. No. 227216)
Case Background
Ramil G. Borja was employed as an oiler by YMSI, representing its principal OSSA, for a period of nine months. He began his employment aboard the vessel M/V Thetis on April 20, 2010. Following an incident on November 9, 2010, wherein he experienced pain in his back while lifting a metal plate, he was diagnosed with inter-vertebral protrusion and declared unfit for work, leading to his medical repatriation on November 25, 2010. Upon his return, he underwent further medical examinations, eventually receiving a disability assessment indicating a "Grade 11" condition, which involves slight rigidity and reduced motion.
Labor Proceedings
Borja's attempts to claim his disability benefits were met with denial from YMSI, leading him to file a complaint on July 7, 2011, seeking various claims, including payment for wages, disability benefits, and damages. A conciliation hearing led to an agreement to seek a third medical opinion. Nonetheless, Borja later refused this suggestion and insisted on receiving the benefits.
On February 9, 2012, the Labor Arbiter ruled in Borja's favor, granting him total permanent disability benefits. The decision was based on the finding that the company had not provided a timely assessment within the stipulated 120-day period. An appeal by the petitioners to the National Labor Relations Commission (NLRC) was dismissed, affirming Borja's entitlement to the benefits and attorney's fees.
Court of Appeals Decision
The Court of Appeals (CA) upheld the NLRC's findings, dismissing the petitioners’ arguments. They stated that Borja's condition constituted total and permanent disability due to his ongoing treatment beyond the 240-day mark without any evidence of his fitness for work. Furthermore, the CA affirmed Borja's entitlement to attorney's fees given the petitioners’ failure to satisfy his claims for permanent total disability.
Petition for Review on Certiorari
In their appeal to the Supreme Court, the petitioners maintained that Borja was not entitled to total permanent disability benefits since his condition was rated only as Grade 11. They contended that the CA erred in its determination because of the timing of the medical assessments. Borja responded, asserting his entitlement to the benefits and fees.
Court's Ruling
The central issue before the Court was the determination of whether Borja was entitled to total permanent disability benefits amid conflicting medical assessments. The Court reaffirmed the procedures outlined in the POEA-SEC, specifically the requirement that a third doctor must be jointly agreed upon by the parties in the event of conflicting findings.
The Court noted that while Borja was entitled to seek a second opinion, no such referral to a third doctor occurred, which would have been the procedure
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Case Information
- G.R. No.: 227216
- Decision Date: July 04, 2018
- Division: Second Division
- Chief Justice: Caguioa, J.
Parties Involved
- Petitioners: Yialos Manning Services, Inc. (YMSI), Overseas Shipmanagement S.A. (OSSA), Raul Vicente Perez, and Minerva Alfonso
- Respondent: Ramil G. Borja
Background of the Case
- This Petition for Review on Certiorari challenges the May 18, 2016 Decision and September 14, 2016 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 126554.
- The CA affirmed the National Labor Relations Commission (NLRC) Resolutions granting Ramil G. Borja permanent total disability benefits and attorney's fees.
Facts of the Case
- Employment: Borja was employed as an oiler by YMSI for OSSA for nine months, boarding M/V Thetis on April 20, 2010.
- Incident: On November 9, 2010, while lifting a metal plate, Borja experienced severe pain, leading to his diagnosis of inter-vertebral protrusion.
- Medical Treatment: He was declared unfit for work for three months; he underwent various medical evaluations resulting in a diagnosis of lumbar strain and chronic radiculopathies.
- Disability Rating: On April 15, 2011, he received a disability rating of Grade 11 from Dr. William Chuasuan, indicating slight rigidity.
- Claims: After YMSI denied his claims for medical expenses and total permanent disability, Borja filed a complaint for unpaid wages, disability benefits, and damages on July 7, 2011.
- Conciliation Hearing: An agreement to seek a third medical opinion was reached but not fulfilled; Borja consulted Dr. Manuel C. Jacinto Jr., who declared him totally and permanently disabled.
Procedural History
- Labor