5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
area,”[13] and that, per advise of the attending orthopedic surgeon, Hipe was to
continue his rehabilitation and medications (Methycobal, Voltaren gel), and to return on
October 9, 2008 “for re-evaluation and possible resumption of sea duties.”[14] On the
latter date, Hipe was declared fit to work,[15] and thus executed the corresponding
Certificate of Fitness for Work.[16]
Subsequently, or on February 25, 2009,[17] Hipe, however, sought a second opinion
from Dr. Venancio P. Garduce, Jr. (Dr. Garduce) of the UP-PGH Medical Center[18] who
(a) opined that he was suffering from “+ Tenderness on low back area, + Straight leg
raising test @ Associated with numbness and weakness of both lower extremities,” (b)
declared him unfit to work as seaman-plumber, and (c) assessed his disability rating at
Grade 5.[19]
Thereafter, Hipe filed a complaint before the Labor Arbiter (LA) for the payment of
permanent disability compensation, sick wages, reimbursement of medical and
transportation expenses, moral and exemplary damages, and attorney’s fees against
Bahia, its President, Cynthia C. Mendoza, and its foreign principal, Olsen (respondents).
[20]
In his Position Paper[21] dated March 25, 2009, Hipe averred that he: (a) sustained his
injury on board the vessel during the course of his employment with Bahia;[22] (b) was
assessed to be unfit to work as seaman-plumber with a disability classified as disability
Grade 5 by Dr. Garduce, an independent, neutral, and impartial medical practitioner,
whose findings must be given weight and credence over that of the companydesignated physician;[23] (c) has been unfit for sea work beyond 120 days;[24] and (d)
remained unemployed from the time of his medical repatriation on August 5, 2008.[25]
Since he had lost his capacity to obtain further sea employment or resume sea duties,
he therefore claimed entitlement to the following benefits[26] provided under the Total
Crew Cost[27] Collective Bargaining Agreement (CBA): (a) maximum disability
compensation of US$89,100.00[28] regardless of the disability grading,[29] and (b) sick
pay for 130 days at a rate equivalent to his US$583.00 basic monthly salary.[30]
Further, in view of respondents’ unjustified withholding of the payment of his
permanent disability benefits and sick wages and clear bad faith in their dealings with
him, he sought the payment of moral and exemplary damages,[31] as well as
attorney’s fees for having been compelled to litigate.[32]
For their part, respondents claimed that Hipe is not entitled to the payment of salaries
for the unexpired portion of the contract of three (3) months per year, permanent
disability compensation, sick wages, and medical and transportation expenses because:
(a) he was deployed back to the Philippines due to the termination of his contract and
not for medical reasons;[33] (b) all the expenses appurtenant to his assessment and
treatment/rehabilitation were shouldered by respondents;[34] (c) he was declared fit to
resume sea duties and had executed/signed the corresponding Certificate of Fitness for
Work,[35] agreeing thereto and releasing respondents from any liability concerning his
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58331
2/12