6/5/2020
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After the company-designated physicians declared him fit to work, respondent sought
the services of an independent physician, Dr. Manuel C. Jacinto, Jr. (Dr. Jacinto), who,
on the other hand, found him "physically unfit to go back to work"[10] as declared in a
medical certificate dated October 13, 2010.[11]
On even date, respondent filed a complaint[12] for the payment of permanent total
disability compensation in accordance with the parties' collective bargaining agreement
(CBA), medical expenses, moral and exemplary damages, and other benefits provided
by law and the CBA against MMC, its President, Marlon R. Rofio, and its foreign
principal, PCL (petitioners), before the Labor Arbiter (LA), docketed as NLRC RAB No.
NCR Case No. (M) NCR-10-14690-10.
In his Position Paper,[13] respondent averred that he was unfit to perform his job for
more than 120 days, and that his injuries in his right elbow and forearm were never
resolved and in fact, deteriorated despite medical treatment.[14] And since by reason
thereof he had lost his capacity to obtain further sea employment and an opportunity to
earn an income, respondent sought for the payment of permanent total disability
compensation in the amount of US$80,000.00 pursuant to the CBA that was enforced
during his last employment contract. He also sought for the payment of moral and
exemplary damages in view of petitioners' unjustified refusal to settle the matter under
the CBA and their evident bad faith in dealing with him, as well as attorney's fees for
having been compelled to litigate.[15]
For their part, petitioners maintained that respondent is not entitled to the payment of
permanent total disability benefits since he was declared fit to work by the companydesignated physician. They further denied respondent's claims for moral and exemplary
damages as they treated him fairly and in good faith. They likewise denied
respondent's claim of attorney's fees for lack of basis.[16]
The LA Ruling
In a Decision[17] dated April 7, 2011, the LA ruled in favor of respondent, ordering
petitioners to jointly and severally pay the former the sum of US$80,100.00, or its peso
equivalent at the time of payment, as permanent total disability benefits, as well as
moral and exemplary damages in the amount of P50,000.00 each.
The LA held that since the treatment of respondent's work related injury and
declaration of fitness to work exceeded the 120-day period under the POEA Standard
Employment Contract (POEA-SEC), and considering further that he was not anymore
rehired, respondent was entitled to permanent total disability benefits in accordance
with the CBA. Moral and exemplary damages were equally awarded for petitioners'
refusal to pay respondent's just claim, which constitutes evident bad faith.
However, the LA denied respondent's other money claims due to his failure to
sufficiently state in his complaint the ultimate facts on which the same were based.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61201
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