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on his left eye. On 3 May 2006, Dr. Ong-Salvador declared petitioner fit to work.
Petitioner then executed a Certificate of Fitness for Work attesting that he is fit to work
and that he has no claims whatsoever against respondents in relation to his injury.
On 7 September 2006, however, petitioner sought a second opinion and consulted a
private physician, Dr. Cynthia Canta (Dr. Canta). Petitioner was diagnosed with the
following condition: “S/P Pterygium Excision, Both Eyes[.] Conjunctival Granuloma, Left
Eye[.] Error of refraction.”[3] Dr. Canta concluded that petitioner was unfit to work. This
prompted petitioner to file a complaint with the Arbitration branch of the National Labor
Relations Commission (NLRC) for disability benefits, sickness allowance, damages and
attorney’s fees against respondents.
Petitioner claimed that he is entitled to permanent total disability benefits amounting to
$60,000.00 because he was declared unfit to work after his injury in the last week of
November 2005 until 20 April 2006, which is beyond 120 days. Petitioner alleged that
under the law, a temporary total disability lasting continuously for more than 120 days
is considered total and permanent. Petitioner also prayed for sickness allowance of
$880.00, medical reimbursement of P10,000.00, damages and attorney’s fees.
Respondents countered that petitioner was declared fit to resume his duties by the
company-designated physician thereby negating his claim that he is permanently
disabled. On 22 March 2007, the Labor Arbiter ruled in favor of petitioner in this wise:
WHEREFORE, premises considered, judgment is hereby rendered ordering
the respondents Crossworld Marine Services, Inc./Capt. Eleasar G.
Diaz/Chios Maritime Ltd. Acting in behalf of Ocean Liberty Ltd., to
pay complainant Julius R. Tagalog the aggregate amount of SIXTY-SIX
THOUSAND
NINE
HUNDRED
SIXTY-SEVEN
US
DOLLARS
(US$66,967.00) or its equivalent in Philippine Peso at the prevailing rate of
exchange at the time of actual payment representing his disability benefits,
sickness allowance and attorney’s fees.[4]
On appeal, the NLRC affirmed the findings of the Labor Arbiter but deleted the award of
damages. The NLRC ruled that petitioner is entitled to disability benefits because more
than 120 days have passed from the time he was first declared unfit to work on 2
December 2005 until the declaration by the company-designated physician that he was
fit for sea duties on 3 May 2006.
The NLRC denied the motion for reconsideration in its 18 June 2009 Resolution.
Aggrieved, respondents filed a petition for certiorari before the Court of Appeals which
set aside the NLRC Resolutions dated 3 October 2008 and 18 June 2009. The fallo of
the aforesaid Decision reads:
WHEREFORE, premises considered, the instant Petition for Certiorari is
hereby GRANTED. The Resolution dated October 3, 2008 and the Resolution
dated June 18, 2009 of public respondent NLRC, Second Division, are
ANNULLED and SET ASIDE. Accordingly, the complaint for permanent
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