4/29/2020
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Section 32 of the POEA-SEC. Petitioners claim that for a spine injury to be considered
as Grade 1 disability, it should have brought forth incontinence or rendered walking
impossible even with the aid of crutches.
By way of the assailed decision, the CA found no grave abuse of discretion on the part
of the NLRC and ruled that Munar’s continued inability to perform his usual sea duties,
which is attributable to his medical condition that is work-related, despite surgery and
seven (7) months of physical therapy, conclusively indicate that he is totally and
permanently disabled. The CA noted that while the company-designated doctors did not
categorically state that Munar is unfit for sea duties, this is easily inferable from their
statement that he continues to experience pain, weakness and tenderness and would
take a long time to recover.
In the case at bar, despite his having undergone surgeries, treatment and
physical therapy of more than seven months from the injury, Munar is still
found by all physicians involved to continue to suffer from weakness,
tenderness and pain that prevent him from doing strenuous activities. In
fact, Kestrel’s own designated physicians have stated this in their last report
and found that Munar was entitled to disability benefits as he “(would) take
a long time to fully recover.” Though they did not state it, it is clear from
these findings that Munar is still unable to return to his customary work as a
seafarer in an ocean-going vessel, due to the strenuous nature of the work
demanded by it. No profit-motivated ship owner will employ Munar because
of his condition. Munar’s private physician’s statement of this fact in his own
report merely confirms what is already obvious. Should he even try, Munar
is certain to get disqualified as seafarer since such an employment will
require him to undergo rigorous physical examinations which he is sure to
fail because of the sorry state of his physical health.
Thus, it is not even necessary to address Kestrel et al.’s arguments as to the
persuasive or binding nature of the findings of the company- designated
physicians since, as earlier stated, they have been ruled to be not binding
nor conclusive on the courts. In fact, the findings of Kestrel’s companydesignated doctors themselves do not categorically state that Munar is fit to
return to work; on the contrary, they state that Munar still suffers from
weakness, tenderness and pain and is ent[it]led to disability benefits. Thus,
the only issue left for resolution is the amount of disability payments due to
Munar.[26] (Citations omitted)
Nonetheless, while the CA agreed with the NLRC that Munar’s spine injury is a Grade 1
disability, it deemed proper to reduce the amount of attorney’s fees to two percent
(2%) of his disability benefits.
We find, however, that the grant by public respondent of 10% of $60,000 as
attorney’s fees is exorbitant and without any stated basis, since it was not
proven that Kestrel[,] et al. acted in gross and evident bad faith in denying
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