5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
For the duration of Pellazar’s treatment and evaluation, he was subjected to an x-ray
examination (his right finger), went through therapy sessions and was referred to an
orthopedic specialist, as well as a physiatrist. He also underwent surgery (removal of
pin, 5th digit, right hand) at the Dr. Fe del Mundo Medical Center Foundation
Philippines, Inc.[6]
The company-designated physicians gave Pellazar a Grade 10
disability rating[7] for “loss of grasping power for large objects between fingers and
palm of one hand.”[8]
On September 30, 2006, Pellazar consulted a physician of his choice, Dr. Raul F. Sabado
(Dr. Sabado) of the Dagupan Orthopedic Center in Dagupan City, who diagnosed him
with “loss of grasping power of 5th finger, loss of opposition between finger and thumb
(r) and ankylosis of the 5th finger (r),” and certified that he was “permanently unfit for
any sea duty.”[9] In addition to Dr. Sabado’s certification, Pellazar claimed that despite
the lapse of 120 days, and the fact that he had already undergone maximum medical
care, he was still unfit for sea work; thus, the complaint for disability benefits under the
Collective Bargaining Agreement (CBA).[10]
The petitioners denied liability. They asked that the complaint be dismissed for
prematurity. They alleged that Pellazar, a member of the Associated Marine Officers’
and Seamen’s Union of the Philippines (AMOSUP) bypassed the provisions of the CBA
requiring that a seafarer with a complaint should follow the grievance procedure
onboard the vessel or, through the union upon his return home. Further, under the
POEA-approved contract, the parties covered by a CBA are required to submit their
claim or dispute to a voluntary arbitrator or panel of voluntary arbitrators. Pellazar,
they argued, failed to comply with his duty to observe the dispute resolution provisions
of the CBA.
The foregoing notwithstanding, the petitioners argued that Pellazar was not entitled to
disability compensation higher than what was provided under a Grade 10 disability
rating as that was the company-designated physician’s assessment of his disability. A
Grade 10 disability is compensated US$10,075.00 under the POEA Standard
Employment Contract (POEA-SEC).
The Compulsory Arbitration Rulings
In a decision[11] dated April 23, 2007, Labor Arbiter Florentino R. Darlucio ruled in
Pellazar’s favor and awarded him permanent total disability benefits of US$75,000.00
under the parties’ CBA, plus $7,500.00 as attorney’s fees, to be paid, jointly and
severally, by OSG Manila, OSG (UK), Ravanopoulos and M/T Delphina. LA Darlucio held
that Pellazar was entitled to permanent total disability benefits since he had been
incapacitated to continue his employment as a seafarer.
The petitioners appealed. In its decision[12] of November 29, 2008, the National Labor
Relations Commission (NLRC) modified the labor arbiter’s decision. It ruled that Pellazar
is entitled only to an award of $10,075.01 which is the equivalent of a Grade 10
disability in accordance with the disability rating given to him by the companyelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57342
2/12