G. R. No. 179177
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
allowance x x x until he is declared fit to work or the degree of permanent disability has
been assessed by the company-designated physician x x x.
xxxx
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the Employer and the seafarer. The third
doctors decision shall be final and binding on both parties. (Emphasis supplied.)
Without the opinion of a doctor for respondents Sea Serve and ADAMS, or one they
could have jointly chosen with petitioner Nisda, we are constrained to make a ruling based
on the evidence already submitted by the parties and made part of the records of this case,
including the medical certifications petitioner Nisda obtained from his attending
physicians.
Undoubtedly then, under his POEA-SEC, which incorporated the 2000 POEA
Amended Standard Terms and Conditions, petitioner Nisda has a right to receive disability
benefit and sickness allowance for 120 days, on account of his Coronary Heart Disease,
which qualifies as a total and permanent disability with Grade I Impediment. The
computation of the monetary award as stated in the decision of the labor arbiter, however,
must be modified in that the sickness allowance for 120 days should be based merely on
petitioner Nisdas basic salary of US$1,437.00 per month under his POEA-SEC, multiplied
by 4 months for a total of US$5,748.00. With regard to his disability benefit classified as
Grade I Impediment, he should receive 120% of US$50,000.00 as dictated by the 2000
[80]
and
POEA Amended Standard Terms and Conditions, specifically Secs. 20(B)(3)
[81]
[82]
[83]
20(B)(6)
vis--vis Secs. 32
and 32-A.
The 10% attorney's fee that was awarded
by the Labor Arbiter shall also be maintained, but must reflect the modified amount of the
sickness allowance and disability benefit and to be deducted from the winning amount
[84]
due.
All told, the evidence, including medical documentation, presented by petitioner
Nisda, substantially proved that a reasonable connection existed between the work he
performed for respondent ADAMS and the development and exacerbation of his Coronary
Artery Disease, hence, making it an occupational disease, as described and compensated
for by Sec. 32-A of the 2000 POEA Amended Standard Terms and Conditions.
Consequently, it was erroneous for the NLRC and the Court of Appeals to deny petitioner
Nisdas claims for disability benefits under Sec. 20(B), paragraph 6 of the 2000 POEA
Amended Standard Terms and Conditions.
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