As to the second issue, petitioners contend Suganob is not entitled to disability
benefits because his illness is not work-related. They stress that the companydesignated physician declared him fit to work provided he maintains his
medications. Also, even if Suganobs arthritis is work-related, the same is not a
total and permanent disability as to entitle him to an award of
US$60,000.Corollary to this, petitioners aver that the NLRC is correct in
remanding the case to the labor arbiter for further proceedings to determine the
degree of impediment of Suganob.
Suganob, for his part, alleges that he is entitled to disability benefits for total
and permanent disability since he can no longer engage himself as a seafarer. If
indeed petitioners found him fit for work, he would have been re-employed
after he was medically repatriated; however, he was not. Suganob adds that the
decision to remand the case to the labor arbiter would merely delay the
proceedings of the case.
We rule against remanding the case to the labor arbiter since it will only cause
further delay and may frustrate speedy justice and, in any event, would be a
futile exercise, as in all probability the case would eventually end up with this
Court.[16] Also, this Court has repeatedly ruled that delay in the settlement of
labor cases cannot be countenanced. Not only does it involve the survival of an
employee and his loved ones who are dependent on him for food, shelter,
clothing, medicine and education, it also wears down the meager resources of
the workers.[17]
Apropos the appropriate disability benefits that respondent is entitled to, we find
that Suganob is entitled to Grade 1[18] disability benefits which corresponds to
total and permanent disability. As correctly pointed out by the Court of Appeals,
the medical certificate issued by petitioners company physician do not conflict
with that issued by the physician chosen by Suganob. The medical certificate
issued on October 29, 2001 by petitioners company physician which stated that
Suganob was fit to return to work was conditional because Suganob still has to
maintain his medications. On the other hand, the medical certificate of the
physician chosen by Suganob which was issued on April 5, 2002 indicated that
Suganobs illness recurred and continued which rendered him unfit to continue
his work. In both medical certificates, it is clear that Suganob was not
considered as totally cured and fit to return to work.[19] Hence, there is no
dispute that Suganob is entitled to disability benefits.