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still showed a “compression fracture, L1 with narrowed L2-L1 disc space; no significant
neural foraminal compromise.”[4]
The respondent underwent several physical therapy sessions, and finally on March 10,
2011 the company-designated physician assessed him with a Grade 11 disability for
slight rigidity or one-third loss of motion or lifting power of trunk. Nonetheless, he was
informed of the assessment only in May 2011, or more than 240 days since the
accident.[5]
Rulings of the LA and the NLRC
On May 20, 2011, the respondent filed a complaint for disability benefits, medical
reimbursement, underpaid sick leave, damages and attorney’s fees. On July 30, 2012,
the LA rendered judgment awarding him US$80,000.00 in disability benefits as
provided in the Dutch CBA, plus 10% as attorney’s fees. In particular, the LA held that
such an award cannot be made to depend on the company-designated physician’s
disability assessment which was issued more than 120 days after the accident,
especially if despite treatment for more than 240 days the respondent was still unable
to return to his accustomed work.[6]
On August 31, 2012, the petitioners appealed to the NLRC contending that the
disability benefits due to the respondent should be based on his Grade 11 disability
assessment issued by the company-designated physician. On September 21, 2012, the
respondent also filed his appeal assailing the denial of his medical and transportation
expenses.[7]
In its Decision dated February 28, 2013, the NLRC affirmed the award of total disability
benefits to the respondent noting that he continued with his rehabilitation even after
the company’s Grade 11 disability rating issued on March 10, 2011, indicating that its
disability rating was intended merely to comply with the 240-day limit for the companydesignated physician to either declare him fit to work or to assess the degree of his
permanent disability. The petitioners’ motion for reconsideration was denied on April
24, 2013.
On petition for certiorari to the CA, the petitioners raised the following grounds:
I. PUBLIC RESPONDENT NLRC COMMITTED GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT AWARDED
MAXIMUM DISABILITY COMPENSATION AND ATTORNEY’S FEES TO [THE
RESPONDENT] DESPITE THE FOLLOWING:
a. Private respondent was assessed with Disability Grade 11 only
by the company-designated physician within his 240-day period
of treatment;
b. Under the POEA-contract and the Dutch CBA, disability benefits
of seafarer shall be based on the medical assessment of the
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