G.R. No. 244423 - ROBERTO F. RODELAS, JR., VS. MST MARINE SERVICES (PHILS.), INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED , a decision is hereby rendered ORDERlNG herein respondents MST MARINE SERVICES (PHILS.), INC[.] AND ARTEMIO V. SERAFICO to pay jointly and solidarily complainant ROBERTO RODELAS, JR., the amount of NINETY FIVE THOUSAND NINE HUNDRED FORTY NINE U.S. DOLLARS ($95,949.00) as permanent total disability benefits; and ten percent (10%) thereof as attorney's fees in the amount of NINE THOUSAND FIVE HUNDRED NINETY FOUR U.S. DOLLARS AND NINETY CENTS ($9,594.90) , or in the total amount of ONE HUNDRED FIVE THOUSAND FIVE HUNDRED THIRTY NINE AND NINETY CENTS ($105,539.9[0]) , or its Philippine Peso equivalent converted at the prevailing rate of exchange at the time of actual payment[.] [35] (Emphasis in the original) The Panel of Voluntary Arbitrators held that entitlement to permanent total disability benefits does not depend on the assessment of the company-designated physician, but on the capacity of the employee to pursue and earn from his usual work. [36] Relying on Crystal Shipping v. Natividad , [37] it held that a disability preventing a seafarer from performing and earning from his usual work for more than 120 days leads to permanent total disability. It noted that more than 120 days have lapsed from Rodelas' repatriation on May 24, 2014 until the case was submitted for decision. It also held that Rodelas cannot go back to his sea duties without serious discomfort and danger to his life. Thus, he was awarded permanent total disability benefits amounting to US$95,949.00 as stipulated in the Collective Bargaining Agreement [38] and 10% attorney's fees. [39] It also gave more weight to Dr. Runas' findings over the company-designated physicians' because it was grounded on the impact of the nature of Rodelas' work in relation to his injury. [40] On November 10, 2015, MST Marine filed a petition for review before the Court of Appeals. [41] Pending appeal, the Panel of Voluntary Arbitrators granted and issued a writ of execution for the satisfaction of its award. Hence, on February 9, 2016, MST Marine issued an RCBC Check No. 670781 amounting to P5,013,145.25 to NLRC which then released it to Rodelas. [42] On February 20, 2018, the Court of Appeals issued a Decision [43] partially granting the Petition and modifying the award from permanent total to partial disability benefits amounting only to US$7,465.00: WHEREFORE , the instant petition for review is hereby PARTIALLY GRANTED . Accordingly, the Decision dated 15 September 2015 rendered by the Panel of Voluntary Arbitrators of the NCMB is MODIFIED , ordering petitioner MST Marine Services (Phils.) and Artemio V. Serafico to jointly and severally pay respondent Roberto F. Rodelas, Jr. permanent and partial disability benefits corresponding to a Grade 11 disability under the 2010 POEA-SEC in the amount of US$7,465.00 or its peso equivalent at the time of payment, with legal interest at the rate of six percent (6%) per annum from the finality of this Decision until full satisfa