CAREER PHILS. v. ACUB

CAREER PHILIPPINES SHIP MANAGEMENT, INC./ VERLOU R. CARMELINO V. NATHANIEL M. ACUB

G.R. No. 206114

April 26, 2017

Facts:

Respondent was hired by petitioner, for and in behalf of its foreign principal, CMA Ships UK Ltd., to work as Ordinary Seaman on board the vessel CM·CGM America for nine (9) months. On November 25, 2010, respondent fell off while loading containers in the cargo injuring the right his right knee. when the vessel arrived at the Port of Hamburg, Germany, he was sent to the hospital where he was operated on and confined for one week. He was recommended for repatriation and on December 5, 2010, he arrived in the Philippines.

Respondent was treated under the company-based physician who assessed respondent's disability as Grade 10. Because of his injury, he can no longer resume his work as a seaman. respondent asserts that he is entitled to disability rating of Grade 1 or an equivalent of US$125,000.00 as disability compensation due an Ordinary Seaman. Thus, he filed his claim for total and permanent disability benefits against petitioners with the Labor Arbiter. The LA ruled that although the treatment of respondent has exceeded 120 days, it does not entitle him to permanent disability benefits as the 120 days upon sign-off is a limitation on the entitlement of the sickness allowance. According to the Labor Arbiter, the POEA SEC mandates that the degree of disability determined by the company-based physician should prevail over that issued by the personal doctor chosen by respondent. According to the CA, what determines the seafarer's entitlement to permanent disability benefits is his or her inability to work for more than 120 days. The CA also ruled that since the contract of employment is the law between the parties, respondent is, therefore, covered by the International Bargaining Forum-Associated Marine Officers and Seamen's Union of the Philippines/International Maritime Employers' Council Total Crew Cost (IBF AMOSUP/IMEC TCC) Collective Bargaining Agreement wherein it granted a maximum disability benefit rating in the amount of  US$89,100.00 in case a seafarer suffers from total and permanent disability.

Issue:

Whether or not the court of appeals committed error of law when it ruled that mere lapse of 120 days from repatriation automatically entitles the seafarer to grade 1 disability compensation.

Ruling:

CA did not err in its ruling neither did it exercise grave abuse of discretion in deciding the case.

Here, the credibility of the findings of Quiogue's private doctor was properly evaluated by the NLRC when it found that the findings of Dr. Escutin who gave Grade 1 disability rating was more appropriate and applicable to the injury suffered by Quiogue. With these medical findings and the fact that Quiogue failed to be re-deployed by petitioners despite the fit to work assessment, Dr. Escutin's assessment should be upheld. Even in the absence of an official finding by Dr. Escutin, Quiogue is deemed to have suffered permanent total disability.