8/27/2020
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20.1.5 Permanent Medical Unfitness
A seafarer whose disability is assessed at 50% or more under the POEA
Employment Contract shall, for the purpose of this paragraph as
permanently unfit for further sea service in any capacity and entitled to
100% compensation, i.e. US$131250.00 for senior officers, US$110,000.00
for junior officers and US$ 82,500 for ratings (effective January 1, 2007).
Furthermore, any seafarer assessed at less than 50% disability
under the contract but certified as permanently unfit for further sea
service in any capacity by the company doctor, shall also be entitled
to 100% compensation. (Emphasis ours)
In this case, the medical assessment of the company-designated physician only shows
partial disability grading of Sales.[23] There were no categorical remarks that he was
unfit for further sea service. Although Sales was recommended to continue physical
therapy, he was also required to have surgery as a "more definitive treatment." To this
Court's mind, the condition of Sales is not considered by the company-designated
physician as permanent.
With respect to Sales' money claims for moral and exemplary damages, We do not find
any cause to grant the same for lack of factual and legal basis. Likewise, We do not find
any evidence to show bad faith on the part of CTI for paying compensation according to
the grading issued by the company-designated physician.
WHEREFORE, the Decision dated January 21, 2011 of the Court of Appeals, Special
Fifth Division is MODIFED. Petitioner company Centennial Transmarine, Inc. is
ORDERED to PAY $11,757.00 as disability compensation to Emerito E. Sales, plus
ten percent (10%) attorney's fees and all amounts shall earn six percent (6%) interest
per annum from the date of filing of claim on October 4, 2006 until fully paid. SO
ORDERED.
Bersamin (C.J.), Del Castillo, Jardeleza, and Gesmundo, JJ., concur.
[1] Rollo, pp. 84-104.
[2] Penned by Associate Justice Amy C. Lazaro-Javier (now a Member of the Court),
with Associate Justices Sesinando E. Villon and Stephen C. Cruz, concurring; id. at 1334.
[3] Id. at 185-186.
[4] Id. at 186.
[5] Id. at 197.
[6] Id. at 198.
[7] Id. at 252.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65532
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