Palisoc v. Easways Marine
REITERATIONFacts
The Antecedents: Petitioner Mars C. Palisoc was hired as 4th Engineer by Easways Marine, Inc. (respondents) for a 12-month contract. While on board the vessel M/V Dragon (Mekong) Sentosa, petitioner became ill and was diagnosed with left renal colic or gallstone impairment. He was repatriated to Manila for medical treatment. Procedural History: Respondents referred petitioner to their company-designated clinic and physician. Petitioner underwent laparoscopic cholecystectomy, resulting in the removal of his gallbladder. Respondents paid for his medical expenses and sickness allowance for 120 days. Petitioner's follow-up treatment extended beyond 120 days. The company-designated physician refused to assess petitioner's disability grade, while the company clinic's Medical Director issued a fit-to-work certificate. Petitioner obtained a medical certificate from his own physician rating him with an Impediment Grade of (6). Petitioner demanded disability benefits, which respondents refused. Petitioner filed a case before the NLRC. The Labor Arbiter ruled in favor of petitioner, awarding disability benefits and medical reimbursement. The NLRC modified the decision, ordering reimbursement for medicine expenses only and dismissing other claims. The Court of Appeals dismissed petitioner's petition for certiorari, sustaining the NLRC. The Petition: Petitioner seeks review of the Court of Appeals' decision, arguing that the Labor Code's definition of permanent total disability applies to seafarers, that a non-company-designated physician's assessment should be given credence, and that he is entitled to disability benefits.
Issue(s)
Whether the Labor Code’s definition of permanent total disability applies to seafarers; Whether the Court of Appeals erred in not giving credence to the medical certificate issued by a doctor who is not designated by the company; Whether petitioner is entitled to disability benefits.
Ruling
The Supreme Court GRANTED the petition, SET ASIDE the decision of the Court of Appeals, and REMANDED the case to the Labor Arbiter for the determination of petitioner Mars C. Palisoc’s disability grade under the POEA Impediment Grading Scale.
Ratio Decidendi
On Whether the Labor Code’s definition of permanent total disability applies to seafarers: The Court held that this is a settled matter. Citing Remigio v. National Labor Relations Commission, the Court affirmed the application of the Labor Code concept of permanent disability to seafarers. The Court emphasized that the POEA Standard Employment Contract (POEA-SEC) is formulated pursuant to the POEA's mandate to protect Filipino workers overseas, and labor contracts are impressed with public interest. Therefore, the provisions of the Labor Code, including the definition of permanent total disability, are applicable. The Court of Appeals erred in ruling that the Labor Code provisions do not apply because the petitioner is not covered by the Employees Compensation and State Insurance Fund. On Whether the Court of Appeals erred in not giving credence to the medical certificate issued by a doctor who is not designated by the company: The Court agreed with the Court of Appeals that the assessment of disability by a company-designated physician is crucial. The Court found it improbable that Dr. Rigonan, the petitioner's physician, examined him on dates prior to his surgery and noted that Dr. Rigonan had no showing of involvement in petitioner's post-operative treatment. The Court reiterated that it is the company-designated physician who should determine the degree of disability or fitness to work, as stated in the POEA-SEC. The Court also noted that petitioner failed to refute the NLRC's finding that the fit-to-work certification by Dr. dela Cruz-de Leon was with the knowledge and approval of the company-designated physician, Dr. Quiambao. On Whether petitioner is entitled to disability benefits: The Court ruled that petitioner is entitled to permanent disability benefits. Although the Court rejected Dr. Rigonan's medical certificate, it noted that the fit-to-work certification was issued more than 120 days after petitioner's repatriation. The Court held that petitioner's inability to perform his job for more than 120 days from repatriation entitles him to permanent disability benefits, even without an official finding from a company-designated physician. The Court clarified that permanent disability is defined by the inability to work for more than 120 days, regardless of the loss of a body part. However, since the disability grade could not be determined from the evidence presented, the case was remanded to the Labor Arbiter for this determination.
Main Doctrine
A seafarer is entitled to permanent total disability benefits if unable to perform his job for more than 120 days from repatriation, even in the absence of an official finding by a company-designated physician. The Labor Code's definition of permanent total disability applies to seafarers.