G.R. No. 204769 - MAGSAYSAY MARITIME CORP., CSCS BMTERNATIONAL NV AND/OR MARLON* RONO, VS. RODEL A. CRUZ.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the LA awarded disability benefits to respondent amounting to US$39,180.00 based on the Grade 3 disability rating given by respondent's physician-of-choice. He also awarded attorney's fees to respondent as he was compelled to litigate and incur expenses to protect his rights. Petitioners appealed before the NLRC. According to petitioners, respondent was guilty of delay and medical abandonment. They, however, contended that should respondent be entitled to disability benefits, the same must be pursuant to a Grade 8 disability rating given by the company-designated doctor. They also posited that the award of attorney's fees was unjustified as there were valid grounds denying respondent's claim for disability compensation. Ruling of the National Labor Relations Commission Oh March 31, 2011, the NLRC modified [36] the LA Decision. It found respondent entitled to partial and permanent disability compensation of Grade 8 amounting to US$16,795.00. The NLRC upheld the company-designated physician's Grade 8 disability rating on the ground that it was supported by medical findings and was arrived at after close monitoring and treatment of respondent. It also deleted the award of attorney's fees as petitioners faithfully complied with their duties, including payment! of sickness allowance. On May 19, 2011, the NLRC denied [37] respondent's Motion for Reconsideration. Respondent filed a Petition for Certiorari with the CA arguing that the NLRC committed grave abuse of discretion amounting to lack or excess of jurisdiction when it ruled that he is not entitled to US$39,180.00 and to attorney's fees. Ruling of the Court of Appeals On August 17, 2012, the CA granted [38] the Petition and accordingly set aside the March 31, 2011 NLRC Decision. The dispositive portion of the CA Decision reads: WHEREFORE, premises considered, the petition is GRANTED and the assailed NLRC Decision dated 31 March 2011 in NLRC LAC No. 11-000944-10 is NULLIFIED and SET ASIDE. In lieu thereof, the Labor Arbiter's Decision dated 27 September 2010 in NLRC NCR OFW CASE No. (M)l 1-16203-09 is REINSTATED. [39] The CA decreed that while it is a rule that the company-designated physician is tasked to determine the degree of disability of a seafarer, herein company-designated doctor assessed respondent's disability as Grade 8 only on June 1, 2009, or almost a year after his repatriation on June 19, 2008. It also noted that respondent failed to resume employment even after a year of continuous medical treatment, as he was still under treatment even until June 11, 2009. Furthermore, the CA held that respondent is entitled to attorney's fees equivalent to 10% of the total monetary award, pursuant to Article 2208 [40] of the Civil Code. On December 3, 2012, the CA denied41 petitioners' Motion for Reconsideration. Issues Thus, petitioners filed this Petition raising the following issues: [CAN] RESPONDENT [BE] PRESUMED TOTALLY AND PERMANENTLY DISABLED ENTITLING HIM TO MAXIMUM BENEFITS U