CASE DIGEST: Magsaysay Maritime Corporation v. NLRC

 

MAGSAYSAY MARITIME CORPORATION and/or WESTFALLARSEN AND CO., A/S, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, First Division, and WILSON G. CAPOY, respondents

G.R. No. 191903                |              June 19, 2013

FACTS:

Petitioner Magsaysay Maritime Corporation hired respondent Wilson G.Capoy as Fitter on board the vessel M/S Star Geiranger for 9 months.

Sometime in July 2005, while he was at work, Capoy allegedly fell down a ladder from a height of about two meters. He claimed that he immediately felt numbness in his fingertips that gradually extended to his hands and elbows. Despite the incident, he continued performing his work. On August 15, 2005, he fell again while climbing a flight of stars. He claimed that he could not tightly hold to the railings of the stairs due to the numbness of his fingers and that he felt electricity-like sensation in his body, legs and hands. After being examined by several doctor in Vancouver, Canada, Capoy was found unfit to work was eventually repatriated on August 31, 2005.

The company-designated physician, Dr. Sussanah Ong-Salvador, required him to undergo physical and neurological examinations. Dr. Salvador initially diagnosed Capoy’s condition as “spinal stenosis, cervical” and recommended him to undergo a multilevel laminectomy, C3 to C6 spine, to relieve him of his pain. Capoy was hesitant to submit to a laminectomy, suggesting that he would just undergo physiotherapy, but he eventually agreed to the procedure which took place on October 24, 2005. He remained under the care of the specialists for therapy sessions which continued until March 17, 2006.

While still undergoing treatment by the company doctors, Capoy filed a complaint for disability benefits, maintenance allowance, damages and attorney’s fees against petitioners. He argued that after the lapse of 120 days without being declared fit to work, he was entitled to permanent total disability benefits in accordance with the collective bargaining agreement his union, had with his employer.

The petitioners responded to the complaint by denying liability. They argued that Capoy was not entitled to permanent disability benefits as his claim was premature since no disability assessment has yet been made by the company-designated physician.

Before the complaint could be resolved, Capoy had himself examined by a physician of his choice, Dr. Raul F. Sabado, who declared him “unfit to any kind of work permanently.”

ISSUE:

Whether or not Capoy could claim permanent total disability benefits

RULING:

There was no assessment yet because Capoy was still undergoing treatment and evaluation by the company doctors, especially the orthopedic surgeon, within the 240-day maximum period provided under the above-cited rule. To reiterate, Capoy was supposed to see the orthopedic surgeon for re-evaluation, but he did not honor the appointment. In fact, he never offered any explanation for his failure to report to the orthopaedic surgeon.

Under these circumstances, the petitioners could be blamed for claiming that Capoy abandoned his treatment. Worse, he could even be dealing with the company doctors in bad faith while he was still undergoing treatment. The reason for this could be that he was just going through the motions of undergoing treatment with the company doctors. This is supported by the fact that while he still had schedules with the company doctors and without waiting for Dr. Salvador’s assessment of his condition, he filed a claim for permanent total disability benefits on January 19, 2006. Even before his claim could be resolved, he had himself examined by Dr. Sabado who declared him “unfit to any kind of work permanently.”

Dr. Sabado’s declaration would not alter the fact that Capoy’s claim for permanent total disability benefits was premature. Considering that Capoy was still under treatment by the company doctors even after the lapse of 120 days but within the 240-day extended period allowed by the rules, he was under temporary total disability and entitled to temporary total disability benefits under the same rules. Needless to say, Capoy prevented Dr. Salvador from determining his fitness or unfitness for sea duty when he did not return on April 6, 2006 for re-evaluation.