8/23/2020
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S1 Radiculopathy, Mild Degenerative Changes, and Lumbosacral Spine[15] with an
interim assessment of a Grade 11 disability rating - "slight loss of lifting power of the
trunk."[16]
On August 18, 2010, Pelagio sought a second opinion from a private orthopedic surgery
physician, Dr. Manuel Fidel M. Magtira (Dr. Magtira), who assessed him with a Grade 8
disability - moderate rigidity or two-thirds loss of motion or lifting power of the trunk and declared him "permanently UNFIT TO WORK in any capacity at his previous
occupation."[17]
Pelagio then sought to avail of permanent total disability benefits from respondents
PTCI, Carlos Salinas, and Norwegian Crew Management A/S (respondents), to no avail.
Hence, he filed a claim[18] for permanent total disability benefits, reimbursement of
medical expenses, illness allowance, damages, and attorney's fees against petitioners
before the Arbitration Branch of the NLRC, docketed as NLRC-NCR No. (M) 09-1329910. Essentially, Pelagio contends that his inability to work for more than 120 days from
repatriation entitles him to permanent total disability benefits.[19]
For their part,[20] respondents countered that Pelagio is not entitled to permanent total
disability benefits, considering that the independent physician, Dr. Magtira, merely
assessed him with a Grade 8 impediment. In this relation, respondents likewise claimed
that on August 5, 2010, the company-designated physician assessed Pelagio with a
Grade 11 disability - slight loss of lifting power of the trunk (August 5, 2010 Medical
Report).[21] In view of the conflicting findings of the company-designated and the
independent physicians, respondents suggested that they seek a third mutuallyappointed doctor to comply with the provisions of the POEA Standard Employment
Contract, but Pelagio refused. Finally, respondents averred that they offered Pelagio the
amount of US$13,437.00, the corresponding benefit to a Grade 11 impediment
pursuant to the CBA, but he rejected such offer.[22]
The LA Ruling
In a Decision[23] dated April 29, 2011, the LA found Pelagio to be suffering from a
permanent partial disability, and accordingly, ordered respondents to jointly and
solidarity pay him the amount of US$13,437.00.[24] The LA ruled that Pelagio's mere
inability to work for 120 days from his repatriation did not ipso facto mean that he is
suffering from a permanent total disability, especially in view of the disability
assessments given by both the company-designated and the independent physicians.
On this note, the LA gave weight to the findings of the company-designated physician
that Pelagio was suffering from a Grade 11 impediment, and thus, must only be
awarded disability benefits corresponding thereto.[25]
Dissatisfied, Pelagio appealed to the NLRC.[26]
The NLRC Ruling
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65096
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