6/5/2020
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On August 18, 2010, Pelagio sought a second opinion from a private orthopedic
surgeon physician, Dr. Manuel Fidel M. Magtira (Dr. Magtira), who assessed him with a
Grade 8 disability - moderate rigidity or two-thirds loss of motion or lifting power of the
trunk- and declared him "permanently UNFIT TO WORK in any capacity at his previous
occupation."[12]
Pelagio sought payment of permanent total disability benefits from petitioners, but to
no avail. Hence, he filed a complaint[13] for disability benefits, reimbursement of
medical expenses, illness allowance, damages, and attorney's fees against petitioners
before the Arbitration Branch of the National Labor Relations Commission (NLRC),
docketed as NLRC-NCR No. (M) 09-13299-10.[14] Essentially, Pelagio contended that
his inability to work for more than 120 days from repatriation entitles him to
permanent total disability benefits.[15]
For their part,[16] petitioners countered that Pelagio is not entitled to permanent total
disability benefits, considering that the independent physician, Dr. Magtira, assessed
him with a Grade 8 impediment. In this relation, petitioners likewise claimed that on
August 5, 2010, the company-designated physician, Dr. Lim, assessed Pelagio with a
Grade 11 disability "slight loss of lifting power of the trunk."[17] In view of the
conflicting findings of the company-designated and independent physicians, petitioners
suggested that they seek a third mutually-appointed doctor to comply with the
provisions of the POEA-Standard Employment Contract, but Pelagio refused.[18] Finally,
petitioners averred that they offered the amount of US$13,437.00, the amount of
benefit corresponding to a Grade 11 impediment, pursuant to the CBA, but Pelagio
rejected such offer.[19]
The LA Ruling
In a Decision[20] dated April 29, 2011, the LA found that Pelagio was suffering from a
permanent partial disability, and accordingly, ordered petitioners to jointly and severally
pay him the amount of US$13,437.00.[21] The LA ruled that Pelagio's mere inability to
work for 120 days from his repatriation did not ipso facto mean that he is suffering
from a permanent total disability, especially in view of the disability assessments given
by both the company-designated and the independent physicians.[22] On this note, the
LA gave weight to the findings of the company-designated physician that Pelagio was
suffering from a Grade 11 impediment, and thus, must only be awarded disability
benefits corresponding thereto.[23]
Dissatisfied, Pelagio appealed to the NLRC.[24]
The NLRC Ruling
In a Decision[25] dated August 24, 2011, the NLRC reversed and set aside the LA
ruling, and accordingly, awarded Pelagio the amount of US$77,000.00 at its peso
equivalent at the time of actual payment representing permanent total disability
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61185
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