RESOLUTION
G.R. No. 214334
November 17, 2014
5
The ultimate question that needs to be addressed in the case at bar is
whether or not Repizo, under the circumstances, is entitled to disability
benefits.
We rule in the negative.
Factual findings of quasi-judicial bodies that have acquired expertise
are generally accorded respect and even finality, if they are supported by
substantial evidence. 11 In this case, we find no compelling reason to depart
from the ruling of the Labor Arbiter as affirmed by the NLRC and the
Court of Appeals. We quote here with approval the disquisition of the
appellate court:
First. Petitioner refers to renal colic as: (1) the illness which he
incurred or suffered during the effectivity of his employment contract;
(2) for which he claims to have been medically repatriated; (3) the illness
that rendered him unfit to resume work; and (4) for which he seeks
compensation. But it should be stressed that renal colic is entirely
different from the illness (mild degenerative changes of the lumbar spine
with mild L3-L4 and L4-L5 disc protrusion) for which the petitioner was
declared unfit to work by his own physician, Dr. Garduce.
xx xx
Second. Against the company-designated physician's declaration
that he had been declared fit to resume his duties after being cleared
from renal colic, petitioner presented the medical report of Dr. Garduce,
who declared him to have sustained a disability of Grade 3 for another
ailment, a degenerative disc disease. Jurisprudence is replete with
pronouncements that it is the company-designated physician who is
. entrusted with the task of assessing the seaman's disability, whether total
or partial, due to either injury or illness, during the term of the latter's
employment. It is his findings an4 evaluations which should form the
basis of seafarer's disability claim.
Petitioner is not entitled to total and permanent disability benefits
for his failure to refute the company-designated physician's findings
that: (1) his illness was not work-related; and (2) he is fit to resume sea
duties. 12
A seaman is a contractual and not a regular employee. His
employment is contractually fixed for a certain period of time and is
governed by the POEA-SEC. It says that under the said contract, it is
the company designated physician who must proclaim that the seaman
suffered a permanent disability, whether total or partial, due to either
injury or illness, during the term of the latter's employment. 13 If
II
12
13
Rambuyon v. Fiesta Brands, Inc., 514 Phil. 325, 334 (2005).
Rollo, pp. 27-28.
Panganiban v. Tara Trading Shipmanagement, Inc., G.R. No. 187032, 18 October 2010, 633
SCRA 353, 367-368.
- over-
20
.H{·\'
•L