6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly three to six months, although he was still under treatment as of June 3, 2010. On June 9, 2010, Dr. Tay issued a combined 36% disability assessment for Cabatay based on the compensation scale under the TCC-FA,[5] thus: (1) 5% for communication handicap of severe to total; (2) 2% for hearing handicap of mild to medium; (3) 3% compensation for each ear—hampering tinnitus and distortion of hearing; (4) 8% for his spine injury with medium severe fracture without reduction of mobility; and (5) 15% for his shoulder injury, with right shoulder elevation up to a 90-degree angle. Meantime, or on May 11, 2010, Cabatay filed a complaint against the petitioners for permanent total disability compensation, sickness wages, damages, and attorney's fees. While he did not dispute the company doctor's findings, he argued that he was entitled to permanent total disability benefits since he had lost his employment (profession) due to his injury which, he claimed, is compensated under the TCC-FA at US$125,000.00. The Compulsory Arbitration Rulings In his decision[6] of January 4, 2011, Labor Arbiter (LA) Quintin B. Cueto III found that Cabatay had lost his employment as a seaman and awarded him permanent total disability compensation of US$125,000.00 under the TCC-FA. The evidence, LA Cueto stressed, showed that Cabatay was permanently unfit for sea service in any capacity, despite the company doctor's 36% disability grading. He considered Dr. Tay's prognosis of the resolution of Cabatay's hearing problem from three to six months a mere optimistic assessment. The petitioners appealed to the National Labor Relations Commission (NLRC) which rendered a decision[7] setting aside LA Cueto's award. It also ordered the petitioners to pay Cabatay, jointly and severally, $45,000.00 in permanent partial disability compensation equivalent to Dr. Tay's combined 36% disability assessment, plus $1,000.00 attorney's fees. Cabatay moved for, but failed to obtain, a reconsideration from the NLRC, leaving him no option but to seek relief from the CA through a Rule 65 petition for certiorari. He charged the labor tribunal with grave abuse of discretion for setting aside LA Cueto's award due to his failure to question Dr. Tay's findings, without ruling on the substantive issues of the case. The CA Decision In its decision under review, the CA granted the petition, reversed the NLRC ruling, and reinstated LA Cueto's award. It held that under existing jurisprudence,[8] Cabatay's disability had become permanent total, considering that while he was injured on December 30, 2009, he was still being given medical attention on June 3, 2010, a period of more than 120 days, or a total of 155 days. The CA explained that while the treatment can be extended up to a maximum of 240 days as in Cabatay's case, he is considered under temporary disability within the same elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61603 2/10

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