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Thereafter, the respondent continued therapy due to the persistent pain on his right
shoulder as advised by the company-designated physician.[10]
As there appeared to be no improvement of his condition, the respondent decided to
consult another doctor, Dr. Venancio P. Garduce, Jr. (Dr. Garduce), an Orthopedic
Specialist at St. Luke's Medical Center and San Juan De Dios Hospital and a Professor in
Orthopedics at the University of the Philippines-College of Medicine. Dr. Garduce
concluded that it would be impossible for the respondent to work as a seaman and
recommended a Grade 3 disability grading.[11]
On February 13, 2013, respondent underwent surgery on his right shoulder.
Respondent was discharged on February 16, 2013, but was advised to continue his
physical therapy.[12]
As his condition failed to improve, respondent filed a Complaint before the LA against
the petitioners for recovery of permanent total disability benefits with claims for moral
and exemplary damages and attorney's fees.[13]
On February 21, 2014, LA Jaime M. Reyno rendered his Decision[14] finding merit in the
respondent's complaint, the dispositive portion of which reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents, to pay, jointly and severally, complainant Pamfilo A. Alacre the
amount of SIXTY THOUSAND US DOLLARS (US$60,000.00) representing
total permanent disability benefits, plus ten percent (10%) thereof as and
for attorney's fees.
All other claims are dismissed for lack of merit.
SO ORDERED.[15]
The Labor Arbiter held that the Collective Bargaining Agreement (CBA) no longer
applies since it covers only the period of February 1, 2008 to January 31, 2010. Thus,
applying the provisions of the Philippine Overseas Employment Agency-Standard
Employment Contract (POEA SEC), the LA awarded respondent the maximum disability
compensation of US$60,000.00. The basis of the award is the failure of the companydesignated physician to issue a final assessment, and the inability of respondent to
work for more than 120 days which, thus, rendered his disability total and permanent.
[16]
Petitioner appealed to the NLRC, which rendered its Decision[17] on August 29, 2014,
granting the appeal and reversing the Decision of the Labor Arbiter, viz.:
WHEREFORE, the appeal is GRANTED. The Labor Arbiter's Decision
promulgated on 21 February 2014 is REVERSED AND SET ASIDE and the
complaint DISMISSED WITHOUT PREJUDICE to its refiling after the
resolution of the claim pending before the Danish National Board of
Industrial Injuries.
SO ORDERED.[18]
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