6/7/2020
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treatment for 163 days, issued a Medical Report dated September 29, 2011 that reads
as follows:
1. The patient has reached maximum medical cure.
2. The final disability grading under the POEA schedule of disabilities is
Grade 8 - moderate rigidity or two thirds (2/3) loss of Thereafter, (sic)
motion or lifting power of the trunk.
Petitioner, on the other hand, consulted Dr. Misael Jonathan A. Ticman, an Orthopedic
Surgeon and Diplomate, Philippine Board of Orthopedics, for an independent
assessment of his medical condition and came out with findings showing that
petitioner's injury resulted to his permanent disability, thus, making him unfit to work
as a seafarer in any capacity.
As a result, petitioner demanded for total disability compensation, but respondents did
not heed such demand. Respondents, however, expressed willingness to compensate
petitioner the amount corresponding to Grade 8 disability rating based on the medical
findings of the company-designated physician.
Aggrieved, petitioner filed a complaint for payment of total and permanent disability
benefits, as well as medical expenses, with prayer for damages and attorney's fees
against respondents with the Arbitration Board of the NLRC.
The Labor Arbiter, on April 27, 2012, decided in favor of respondents in a Decision[2]
the dispositive portion of which reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents to jointly and severally pay complainant Paulino M. Aldaba
disability benefits in the amount of US$16,795.00 which is equivalent to
Grade 8 disability under the POEA Contract, or its peso equivalent at the
time of payment.
All other claims are dismissed for lack of merit.
SO ORDERED.
On appeal, the NLRC, in its Decision[3] dated July 16, 2012 reversed the Decision of the
Labor Arbiter and ruled that petitioner is entitled to a permanent total disability
compensation, thus:
WHEREFORE, the Decision dated April 27, 2012 of Labor Arbiter Pablo A.
Gajardo is hereby reversed. Respondents, jointly and severally, are hereby
ordered to pay Complainant-Appellant, by way of permanent and total
disability compensation, the amount of US$60,000.00, pursuant to the POEA
Standard Contract and to pay attorney's fees of 10% of the total award.
SO ORDERED.
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