5/19/2021
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because this amount pertained to the CBA for Filipino ship officers and not the CBA for
Filipino crew members or "ratings," which only awarded a maximum of US$60,000.00;
(3) the opinion of the company-designated physician deserved more credence; (4)
Razonable was only entitled to Disability Grade 11 benefits, as assessed by the
company-designated physician; and (5) Razonable was not entitled to attorney's fees.
The dispositive portion of the Decision reads:
WHEREFORE, the Petition is GRANTED. The Decision of the NCMB dated
19 August 2016 is SET ASIDE. Razonable is only entitled to compensation
corresponding to an Impediment Grade 11 compensation equivalent to USD
7,465.
SO ORDERED.[29]
Razonable filed a Motion for Reconsideration[30] dated May 31, 2018, but this was
denied by the CA in a Resolution[31] dated August 20, 2018.
Thus, Razonable filed the instant Rule 45 Petition. Respondents filed their Comment[32]
dated April 5, 2018 and Razonable thereafter filed his Reply on the Comment on the
Petition for Review[33] dated August 28, 2019.
Issue
The main issue for the Court's resolution is whether Razonable is entitled to total and
permanent disability benefits.
The Ruling of the Court
The Petition is meritorious. Razonable is entitled to total and permanent disability
benefits.
The company-designated physicians failed to issue a valid medical assessment within
the prescribed periods
Controversies regarding the seafarers' entitlement to disability benefits are governed
by the law, the parties' contracts, and medical findings. Since Razonable's contract of
employment with respondents was executed in 2015, the 2010 Philippine Overseas
Employment Administration-Standard Employment Contract (POEA-SEC) governs the
procedure for his claim of disability benefits and provides for the period when the
company-designated physician must issue a final medical assessment. Section 20(A) of
the POEA-SEC reads:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
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