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He also manifested limited trunk mobility and was unable to undertake lifting
activities.[5]
On September 7, 2007, Dr. Cruz issued a medical certificate recommending a Grade 8
disability (Moderate rigidity or 2/3 loss of motion or lifting power of the trunk) based on
the Philippine Overseas Employment Administration (POEA) Standard Employment
Contract for Seafarers. Dr. Cruz also issued another medical certificate recommending
a disability grading of 25% (Back pains with considerable reduction of mobility) in
accordance with the parties’ CBA.[6]
On the strength of these two certificates, Virjen immediately offered Sunga the amount
of US$ 16,795.00, in accordance with the POEA Standard Employment Contract for
Seafarers, as full settlement for the latter’s disability benefits. However, Sunga
rejected the offer; he demanded instead that his disability benefits be based on the
disability grading of 25%, pursuant to the provisions of the parties’ CBA.[7]
Virjen denied Sunga’s demand. Hence, on October 23, 2007, Sunga filed a complaint
before the NLRC against Virjen for disability benefits as stated in the parties’ CBA (not
under the POEA Standard Employment Contract for Seafarers) in the amount of US$
110,000.00.
The complaint likewise prayed for attorney’s fees, plus moral and
exemplary damages.[8]
In his position paper, Sunga claimed that the nature of his work involved manual
repairs, which required the lifting and carrying of heavy equipment and materials. On
January 5, 2007, while MT Sunway was docked at Singapore, he alleged that he,
together with two other oilers, was assigned to change MT Sunway’s globe valves.
Aside from lifting the 200-kilogram globe valve from the lower floor of the engine room
to its installing position, Sunga also has to bear its entire weight while it was being
positioned by the other oilers. Unfortunately, one of the oilers lost his grip, causing the
whole weight of the globe valve to crash on Sunga. At that instant, he felt his back
snap, causing intense pain at his lower back which persisted for several days. Unable
to even stand up just to go to the bathroom, Sunga was forced to request for
repatriation.[9]
Virjen replied that it had no liability to pay Sunga any disability benefits under the
CBA.
Virjen claimed that the CBA requires that for permanent disability to be
compensable, the disability should be the result of an accident incurred during the
course of the seafarer’s employment. Virjen argued that Sunga failed to present any
proof that his disability was indeed the result of an accident. It was simply an illness or
an anatomical defect. He had also failed to mention any details regarding the
unfortunate event in his request for repatriation.[10]
Ruling of the Labor Tribunals
On May 30, 2008, the Labor Arbiter ruled in Sunga’s favour. It ordered Virjen to pay
Sunga his disability compensation benefits in the amount of US$ 110,000.00 pursuant
to the provisions of the parties’ CBA. The Labor Arbiter ruled that Sunga’s injury is not
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56877
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