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further recommended. His present medical condition will prevent him from
performing his duties as a seafarer (chief cook). He is therefore deemed not
fit for sea duty, or work aboard any seafaring vessel.[14]
Proceedings before the Labor Arbiter
In his position paper, Torillos claimed for permanent total disability benefits in the sum
of US$118,800.00 under the CBA since, according to him, his illness was a result of an
accident that occurred while he was performing his duties as chief cook. He narrated
that sometime in October 2011, he fell down on the floor after losing balance while
carrying a sack of rice weighing 25 kilos. This caused his work-related injury that has
rendered him incapable of returning to his sea duties, as confirmed and attested by the
medical findings of his own physician, Dr. Cadag.
Eastgate, on the other hand, denied Torillos' entitlement to permanent total disability
benefits under the CBA as Torillos' condition was not a result of an accident to be
entitled to the benefits thereunder. Neither is Torillos entitled to the maximum disability
benefits under the POEA-SEC since his condition was diagnosed to be pre-existing and
degenerative by Dr. Cruz who made an extensive evaluation of his condition. At the
most, Torillos is only entitled to the benefits corresponding to Grade 8 disability under
the POEASEC, as assessed by Dr. Cruz.
In a Decision[15] dated October 29, 2012, the Labor Arbiter found Torillos entitled to
permanent total disability benefits under the CBA amounting to US$118,800.00. The
dispositive portion of the Decision reads:
WHEREFORE, foregoing premises considered, respondents CORDIAL
SHIPPING, INC. and CAPT. DEVER BESANA are hereby directed to pay jointly
and severally complainant ANANIAS F. DANAY the amount of ONE HUNDRED
EIGHTEEN THOUSAND AND EIGHT HUNDRED US DOLLARS (US$118,800.00)
representing permanent total disability benefits, or its peso equivalent at the
time of actual payment.
SO ORDERED.[16]
Eastgate appealed to the NLRC. In its Memorandum of Appeal,[17] Eastgate, among
others, emphasized that the case was decided based on facts and evidence pertaining
to another case as revealed by the Labor Arbiter's erroneous citation of the parties'
names in the dispositive portion of the decision. Subsequently, the Labor Arbiter
corrected the disparity by issuing a new Decision[18] dated January 3, 2013, which
reflected the correct names of the parties in the decretal portion thereof. Thus:
WHEREFORE, foregoing premises considered, respondents EASTGATE
MARITIME CORPORATION and/or EMMANUEL L. REGIO are hereby directed
to pay jointly and severally complainant EDGAR L. TORILLOS the amount of
ONE HUNDRED EIGHTEEN THOUSAND AND EIGHT HUNDRED US DOLLARS
(US$118,800.00) representing permanent total disability benefits, or its
peso equivalent at the time of actual payment.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64930
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