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728 PHIL. 297
SECOND DIVISION
[ G.R. No. 193047, March 03, 2014 ]
FIL-PRIDE SHIPPING COMPANY, INC., CAPTAIN NICOLAS T.
DOLLOLASA AND OCEAN EAGLE SHIPMANAGEMENT COMPANY, PTE.
LTD., PETITIONERS, VS. EDGAR A. BALASTA, RESPONDENT.
DECISION
DEL CASTILLO, J.:
The company-designated physician must arrive at a definite assessment of the
seafarer’s fitness to work or permanent disability within the period of 120 or 240 days,
[1] pursuant to Article 192 (c)(1) of the Labor Code and Rule X, Section 2 of the
Amended Rules on Employees Compensation (AREC). If he fails to do so and the
seafarer’s medical condition remains unresolved, the latter shall be deemed totally and
permanently disabled. On the other hand, an employee’s disability becomes permanent
and total even before the lapse of the statutory 240-day treatment period, when it
becomes evident that the employee’s disability continues and he is unable to engage in
gainful employment during such period because, for instance, he underwent surgery
and it evidently appears that he could not recover therefrom within the statutory
period.
This Petition for Review on Certiorari[2] assails the April 20, 2010 Decision[3] of the
Court of Appeals (CA) in CA-G.R. SP No. 107330 and its July 21, 2010 Resolution[4]
denying reconsideration thereof.
Factual Antecedents
Respondent Edgar A. Balasta was hired by petitioner Fil-Pride Shipping Company, Inc.
(Fil-Pride) for its foreign principal, petitioner Ocean Eagle Ship Management Company,
PTE. Ltd. (Ocean Eagle). Respondent was assigned as Able Seaman onboard M/V Eagle
Pioneer. His Employment Contract[5] states the following terms and conditions:
Duration of Contract
Position
Basic Monthly Salary
Hours of Work
Overtime
:
:
:
:
:
Vacation leave with pay
Point of hire
:
:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56669
TWELVE MONTHS
ABLE SEAMAN
US$390.00
48 HRS/WEEK
FIXED US$156.00
(CONTAINER
US$39.00)
US$52.00
MANILA/PHILS
ALLOW.
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