G.R. No. 246497 - RAMON R. MAGADIA, V. ELBURG SHIPMANAGEMENT PHILIPPINES, INC. AND ENTERPRISES SHIPPING AGENCY SRL.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered ORDERING the respondents to pay, jointly and severally, herein complainant the amount of US$60,000.00 representing his permanent total disability compensation and attorney's fees equivalent to ten percent (10%) of the total monetary award or their peso equivalent at the prevailing exchange rate on the actual date of payment. All other claims are dismissed for lack of factual or legal basis. [13] The NLRC Ruling On appeal, the NLRC modified.It declared that petitioner was only entitled to partial disability benefits, viz.: WHEREFORE, premises considered, the Appeal is GRANTED and the July 17, 2015 Decision is MODIFIED in that complainant is declared to be partially disabled only with a disability rating of Grade 11. Respondents are ordered to solidarily pay complainant the compensation corresponding to Grade 11 disability, to be paid in Philippine peso at the exchange rate prevailing at the time of payment and 10% thereof as attorney's fees . [14] xxx xxx xxx Petitioner sought a reconsideration but the same was denied. [15] The Court of Appeals' Ruling On petitioner's appeal by certiorari, the Court of Appeals affirmed. In addition, it imposed a legal interest of six (6%) per annum on the amount awarded from the date of finality of the decision until it was fully paid. The Court of Appeals ruled that the company-designated physician issued a final assessment of petitioner's condition on October 3, 2014 or 133 days since he got repatriated and found his illness equivalent to a disability grading of 11. Since there was a final assessment of petitioner's condition within the 120/240-day period, the company-designated physician's finding was controlling . [16] By Resolution dated March 6, 2019, petitioner's motion for reconsideration was denied. [17] The Present Petition Petitioner now asks the Court to reverse the Court of Appeals' assailed dispositions. He maintains that the company-designated physician failed to make a final assessment of his illness within the 120/240 window. The law, thus, presumes that his disability had become permanent and total. But even arguing that a final and definite assessment was made within the prescribed period, he was still unable to return for sea duty after his illness. Thus, he should be deemed permanently and totally disabled. For their part, respondents counter that the company-designated physician issued Medical Report dated October 3, 2014, finding petitioner's illness equivalent to Grade 11. The assessment was issued within 240 days from the time he got repatriated, thus, the same negates petitioner's claim for permanent total disability compensation. Besides, disability benefits are not dependent on the loss of a seafarer's earning capacity but on the degree of illness suffered. Core Issue Is petitioner entitled to permanent total disability benefits? Ruling Orient Hope Agencies, Inc. v . Jara [18] set out the following guidelines to determine a sea