G.R. No. 232905 - OSCAR D. GAMBOA, VS. MAUNLAD TRANS, INC. AND/OR RAINBOW MARITIME CO., LTD. AND CAPT. SILVINO FAJARDO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly ordered respondents to jointly and severally pay him permanent total disability benefits pursuant to the CBA in the amount of US$127,932.00, P100,000.00 moral damages, P50,000.00 exemplary damages, and ten percent (10%) of the total judgment award as attorney's fees. [44] In so ruling, the LA held that the complaint was not prematurely filed given that it was initially for non-payment of sickness allowance and reimbursement of medical expenses, and that even if it subsequently sought payment of disability benefits, there was already an interim assessment made by the company-designated physician on May 14, 2014 equivalent to Grade 8 (orthopedic) - 2/3 loss of lifting power, and Grade 12 (pulmonary) - slight residual or disorder, notwithstanding that petitioner was still continuously suffering from back pain. [45] Moreover, the LA has observed that petitioner cannot be faulted in not observing the procedure for contesting the assessment since the company-designated physicians themselves were in disagreement as to the management of his condition. [46] Finally, the LA did not give credence to respondents' claim that petitioner was not involved in any accident on board MV Oriente Shine, noting that the Ship Master's "Report of Medical Treatment" [47] dated February 12, 2014 showed that he had prescribed "Salonpas" and "paracetamol" for petitioner's back pain. [48] Considering that petitioner has not recovered from his spinal injury that rendered him incapable to resume work, and his bronchial asthma, being a listed illness under Item Number 20 of Section 32-A of the 2010 Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), the LA declared his entitlement to permanent total disability benefits under the CBA. [49] The LA also awarded moral and exemplary damages as petitioner was subjected to unfair treatments from respondents, as well as attorney's fees for having been compelled to litigate to protect his rights and interests. [50] Aggrieved, respondents appealed [51] the LA Decision to the NLRC. The NLRC Ruling In a Decision [52] dated March 18, 2015, the NLRC affirmed with modification the LA Decision by deleting the award of moral and exemplary damages. [53] It ruled that petitioner's illnesses, i.e., bronchial asthma and degenerative changes or osteoarthritis, were work-related diseases arising out of and in the course of petitioner's employment. They are listed as occupational diseases under the 2010 POEA-SEC. [54] It held that since the company-designated physicians failed to controvert the foreign doctor's declaration that petitioner was unfit for duty at the time the latter was repatriated, and considering further that petitioner remained incapacitated to resume his duties despite a partial permanent disability assessment on May 14, 2014, the finding of unfitness to work remained, warranting petitioner's entitlement to permanent total disability benefits. [55] It likewise sustained the applicability