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6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly dated April 28, 2014 reads: WHEREFORE, respondents OSM Maritime Services, Inc., DOF OSM Maritime Services A/S, [are] hereby ordered to pay in solidum complaint's disability benefit in the amount of US$13,060.00 or its Philippine Peso equivalent at the time of payment. SO ORDERED. Aggrieved, petitioner appealed to the NLRC. Ruling of the NLRC On August 29, 2014, the NLRC rendered a Decision modifying the LA's findings and awarded petitioner permanent and total disability benefit in the amount of $150,000. The NLRC reasoned that petitioner is considered as totally and permanently disabled since Dr. Bathan, the third doctor, issued the Grade 9 disability recommendation after the lapse of the 240-day period required for the determination of a seafarer's fitness to work or degree of disability under the POEA-SEC. The NLRC disposed of the case in this wise: WHEREFORE, premises considered, the complainant's appeal is hereby GRANTED. Accordingly, the Decision dated 28 April 2014 of Labor Arbiter Michelle P. Pagtalunan is hereby REVERSED and SET ASIDE ordering respondents, jointly and severally, to pay complainant Reynaldo Y Sunit, the amount of ONE HUNDRED FIFTY THOUSAND US DOLLARS ($150,000.00) representing permanent total disability benefits plus ten percent (10%) thereof as attorney's fees. All other claims are DISMISSED for lack of merit SO ORDERED. Respondents moved for reconsideration of the decision, but the NLRC denied the same in its Resolution dated October 22, 2014. Respondents questioned the NLRC's decision in a petition for certiorari before the CA. Ruling of the CA elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831 3/16

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Reynaldo Y. Sunit vs. OSM Maritime Services, Inc., et al.

Jurisprudence

Case number: G.R. No. 223035

Division: PH Supreme Court Third Division

Date of decision: Peb 27, 2017

Year of decision: 2017

Nature of the case: LIABILITIES OF THE EMPLOYER WHEN THE SEAFARER SUFFERS INJURY OR ILLNESS DURING THE TERM OF HIS/HER CONTRACT

MRO Case Type

Appeal to the NLRC
Attorney’s fees
Claim of compensation and benefits
Disabilities
Joint and solidary liability of agency and employer
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Money claims
Petition for review on Certiorari by the Supreme Court (Rule 45 of the Rules of Court)
Requirements for compensability

Summary of outcome: The Court granted the petition and found that the petitioner's disability is permanent and total despite the Grade 9 partial disability that Dr. Bathan (a third party-physician) issued since his incapacity to work lasted for more than 240 days from his repatriation.

Petitioner's disability and incapacity to resume working continued for more than 240 days. Applying Article 192(c)(1) of the Labor Code, petitioner's disability was considered permanent and total despite the Grade 9 disability grading. As noted by the NLRC, the petitioner failed to have gainful employment for 499 days reckoned from the time he arrived on 6 October 2012 until Dr. Bathan conducted his assessment due to his injuries.

Observatory: Migrant Workers Rights

Affected Sector

Migrant Worker / Former Migrant Worker

Ponente: VELASCO, JR., J.

Combined geolocations

Latitude: 14.58051

Longitude: 121.00886

: Geolocation 1Geolocation 2

Primary Documents

2017_Reynaldo Y. Sunit vs. OSM Maritime Services, Inc., et al_February.pdf
English
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Commission on Human Rights

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Reynaldo Y. Sunit vs. OSM Maritime Services, Inc., et al.

Primary Documents

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