private respondents injuries as closest to complete immobility of an ankle joint in
normal position.[5] In the POEA standard employment contract, such injury was
rated with impediment grade no. 11, compensable by US$7,465.
On March 15, 2002, the labor arbiter ruled in favor of petitioners:
WHEREFORE, the claim of disability benefit is hereby found
meritorious, and thereby, the respondents are hereby directed to pay the
complainant US$7,465.00, or its peso equivalent. However, the other claims are
hereby denied for lack of merit.
SO ORDERED.[6]
According to the labor arbiter, in the POEA-prescribed contracts Schedule of
Disability or Impediment for Injuries Suffered on Lower Extremities,[7] the closest
to private respondents ailment was:
18. Complete immobility of an ankle joint in normal position Grade 11.
He emphasized that despite the medical opinions of other doctors, only Dr.
Manalang gave an impediment grade for private respondents injury. Such
impediment grade[8] happened to be the same grade for the injury he found closest
to private respondents condition.
On appeal, the NLRC set aside the above decision:
WHEREFORE, premises considered, the decision under review is hereby
SET ASIDE, and another entered in its stead, declaring complainants disability
as permanent and total.
Accordingly, respondents are directed to pay the complainant US$60,000.00 or
its peso equivalent. All other claims are DISMISSED for lack of merit.