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“Fracture, Non-Displaced, Sterno-Clavicular Junction, Right”. In the Follow-Up Report[9]
released on January 27, 2009, Dr. Pobre stated that Belmonte’s fracture has fully
healed, but he still advised the latter to undergo physical therapy at the right
sternoclavicular for at least two weeks. By February 14, 2009, Belmonte had completed
three physical therapy sessions.[10] Thus, in Dr. Pobre’s Final Medical Report[11] dated
February 17, 2009, Belmonte was declared “FIT TO WORK and [can] resume normal
sea duties, effective immediately.”
After almost two years from the time Belmonte was declared fit to work or on January
26, 2011, Belmonte instituted a complaint against the respondents before the LA for
disability benefits, moral and exemplary damages, and attorney’s fees. To support his
claim, on March 14, 2011, Belmonte consulted a private doctor, Dr. Manuel C. Jacinto,
Jr. (Dr. Jacinto), to evaluate and determine his health condition. On even date, Dr.
Jacinto issued a medical certificate declaring Belmonte physically unfit to go back to
work.[12]
On August 25, 2011, the LA rendered judgment dismissing the complaint for lack of
merit. The LA held that the findings of the company-designated physician are more
credible as compared to the findings of Belmonte’s private doctor. The companydesignated physician was the one who monitored the health condition of Belmonte for
several months while the private doctor had examined him only once. The LA also
observed that the medical certificate issued by the private doctor was lacking on the
essential details, as well as the particular tests or examinations conducted to support
his medical findings. Lastly, the LA held that the decision not to re-employ Belmonte,
without any showing of malice, was well within the management prerogative of the
respondents.
Aggrieved by the LA’s decision, Belmonte filed his appeal[13] before the NLRC.
Based on the medical certificate of Belmonte’s private doctor, the NLRC reversed and
set aside the LA’s ruling and granted Belmonte’s disability compensation in the Decision
dated January 24, 2012. According to the NLRC, the continued non-deployment of
Belmonte despite the declaration of fit to work to resume normal sea duty of the
company-designated physician is an implied admission of his permanent total disability
from work, which was bolstered by the declaration made by his private doctor that he is
“physically unfit to go back to work.” The NLRC held that if CFSCMI found Belmonte fit
to work, they would have reemployed him after he was medically deemed fit. However,
CFSCMI have failed to re-hire him. The NLRC also awarded Belmonte, moral and
exemplary damages, both in the amount of ?50,000.00, and attorney’s fees equivalent
to 10% of the total judgment award.
The respondents filed a Motion for Reconsideration,[14] but it was denied; hence, they
filed a petition for certiorari[15] with the CA.
On April 29, 2013, the CA nullified and set aside the decision and resolution of the
NLRC, and reinstated the LA’s decision. The CA disregarded the private doctor’s medical
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58640
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