6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/12

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