8/20/2020
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The Court has consistently held that unanimous findings of fact of the lower courts,
quasi-judicial agencies and appellate court are binding on the Court and will not be
disturbed on appeal.
The rest of the grounds raised can be summarized into one: whether or not the CA
committed a reversible error in affirming the NLRC Decision, which upheld the LA's
Decision in awarding total and permanent disability benefits to Segui.
It is undisputed that Segui suffered work-related injuries while performing his duties
and responsibilities as a seafarer. The only question left to be answered is whether he is
entitled to a maximum benefit of permanent and total disability benefits.
In the case of Elburg Shipmanagement Phils., Inc. v. Quiogue,[20] the Court expounded
and summarized the rule in awarding permanent and total disability benefits, as
follows:
Harmonizing the decisions
An analysis of the cited jurisprudence reveals that the first set of cases did
not award permanent and total disability benefits to seafarers whose
medical treatment lasted for more than 120 days, but not exceeding 240
days, because (1) the company-designated physician opined that the
seafarer required further medical treatment or (2) the seafarer was
uncooperative with the treatment. Hence, in those cases, despite exceeding
120 days, the seafarer was still not entitled to permanent and total disability
benefits. In such instance, Rule X, Section 2 of the IRR gave the companydesignated physician additional time, up to 240 days, to continue treatment
and make an assessment on the disability of the seafarer.
The second set of cases, on the other hand, awarded permanent and
total disability benefits to seafarers whose medical treatment lasted
for more than 120 days, but not exceeding 240 days, because the
company-designated physician did not give a justification for
extending the period of diagnosis and treatment. Necessarily, there
was no need anymore to extend the period because the disability
suffered by the seafarer was permanent. In other words, there was
no indication that further medical treatment, up to 240 days, would
address his total disability.
If the treatment of 120 days is extended to 240 days, but still no
medical assessment is given, the finding of permanent and total
disability becomes conclusive.
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In summary, if there is a claim for total and permanent disability benefits by
a seafarer, the following rules (rules) [sic] shall govern:
1. The company-designated physician must issue a final medical
assessment on the seafarer's disability grading within a period of
120 days from the time the seafarer reported to him;
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64944
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