5/19/2021
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It was recommended that Razonable undergo Laminectomy L-4 L-5 and Discectomy L-5
for his back.[12] The recommended procedure was carried out by Dr. Bergonio on July
27, 2015 and Razonable was thereafter given a lumbar corset for back support,[13] as
well as continued regular physical therapy and rehabilitation until October 9, 2015.[14]
Dr. Mylene Cruz-Balbon (Dr. Cruz-Balbon) gave a follow-up report.[15] Dr. Bergonio
gave a final disability assessment,[16] finding Razonable unfit for work with Disability
Grade 11 - 1/3 loss of lifting power of the trunk.
Respondents informed Razonable of the final disability assessment and offered to him
the commensurate disability benefits. However, Razonable refused and insisted on
obtaining total and permanent disability benefits.[17] Thus, Razonable consulted
another orthopedic expert, Dr. Manuel Fidel Magtira (Dr. Magtira), who issued a Medical
Report[18] dated December 14, 2015 concluding that Razonable was permanently unfit
in any capacity to resume his sea duties as a seaman.[19]
In a letter[20] dated February 2, 2016, Razonable's counsel informed the respondents
about Dr. Magtira's opinion and that (1) Razonable was willing to be referred to a third
doctor to confirm his present disability which had incapacitated him from resuming
work as a seaman; and (2) Razonable was claiming total and permanent disability
benefits in accordance with the law and the CBA. Respondents, however, ignored this
letter and did not initiate the process of seeking the opinion of a third doctor as
required by law.[21] Thus, Razonable filed a complaint before the National Conciliation
and Mediation Board (NCMB), claiming total and permanent disability benefits in the
amount of US$80,000.00 as well as the payment of moral damages and attorney's
fees.[22] Respondents, on the other hand, argued that Razonable's claim was limited
only to Disability Grade 11 benefits.[23]
NCMB Ruling
On August 19, 2016, the NCMB rendered a Decision[24] ordering respondents to jointly
and solidarily pay Razonable permanent and total disability benefits amounting to
US$80,000.00 pursuant to the CBA or its peso equivalent at the time of payment plus
attorney's fees equivalent to 10% of the total monetary award.[25]
Respondents filed a Motion for Reconsideration[26] dated September 26, 2016, but this
was denied by the NCMB.[27] Aggrieved, respondents filed a petition for review under
Rule 43 with the CA.
CA Ruling
In a Decision[28] dated May 4, 2018, the CA granted respondents' petition and set
aside the NCMB Decision based on the following grounds: (1) contrary to the NCMB
findings, Razonable's injury was not due to an accident; (2) the award of US$80,000.00
as total and permanent disability benefits was erroneous and without legal basis
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66276
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