5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly designated physicians; the loss of grasping power for large objects between the fingers and palm of a hand has been classified as Grade 10 disability under the POEA-SEC. The NLRC gave more weight to the assessment of the company-designated physicians, particularly Dr. Banaga, over that of Dr. Sabado who examined Pellazar for only a day. It stressed that it was Dr. Banaga who painstakingly treated Pellazar for a reasonable period of time. Through the extensive medical attention given to Pellazar, the NLRC emphasized, Dr. Banaga acquired a detailed knowledge and familiarity with Pellazar’s injury which enabled him to arrive at a more accurate appraisal of Pellazar’s condition as compared to Dr. Sabado who had not been privy to Pellazar’s case from the very beginning. Pellazar moved for reconsideration, but the NLRC denied the motion in its resolution of February 27, 2009,[13] prompting him to seek relief from the CA through a petition for certiorari. In its decision under review, the CA granted the petition, reversed the challenged NLRC rulings and, reinstated LA Darlucio’s award of permanent total disability benefits to Pellazar thereby disregarding the Grade 10 disability rating—in accordance with the POEA-SEC—of the company-designated physicians. It stressed that permanent total disability is not determined by gradings but by the number of days the disability has lasted. It explained that under Article 192 of the Labor Code, a disability shall be deemed total and permanent if the temporary disability has lasted for more than a continuous period of 120 days and this is the concept of permanent total disability that the Supreme Court has applied in Wallem Maritime Services, Inc. v. NLRC,[14] reiterated in subsequent cases as Crystal Shipping, Inc., v. Natividad[15] and lately, Oriental Shipmanagement Co., Inc. v. Bastol.[16] The petitioners moved for reconsideration, but the CA denied the motion in its resolution of August 24 2010; [17] hence, the present petition. The Petition The petitioners seek a reversal of the NLRC rulings on the following grounds: 1. The CA committed a serious error of law when it automatically declared Pellazar permanently and totally disabled for the reason that he had been unable to work for more than 120 days from his repatriation. In making such a conclusion, the CA disregarded the provisions of the POEA-SEC and the CBA on a seafarer’s entitlement to disability compensation. Under Section 20 (B) 3 of the POEA-SEC, it is the company-designated physician who determines the fitness to work or the disability of a seafarer as a result of a workrelated injury or illness. Under Section 20 (B) 6, in case of permanent total or partial disability, the seafarer shall be compensated in accordance with the schedule of benefits (impediment grades with the corresponding amount of compensation) enumerated in Section 32 of the same document; computation of his benefits shall be governed by the rates and rules of compensation applicable at the time the illness or injury was contracted. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57342 3/12