Ace Navigation Company v. Garcia

SEAFARERS- DISABILITY BENEFITS The CA reversed and set aside the ruling of the NLRC, and accordingly, reinstated
et aside the ruling of the NLRC, and accordingly, reinstated that

of the LA.
G.R. No. 207804 June 17, 2015
ACE NAVIGATION COMPANY and VELA INTERNATIONAL MARINE LIMITED vs. Issue: Whether or not the CA correctly declared Garcia to be entitled to permanent
SANTOS D. GARCIA total disability benefits.
Facts:
Ace Navigation hired Garcia to work as a fitter for the vessel M/T Capricorn Star, Ruling: NO.
owned by Vela International, for a period of 8 months. Garcia boarded the vessel and
on February 9, 2010, Garcia claimed that while doing grinding work, he slipped and A judicious review of the records reveals that Garcia was indeed unable to obtain any
fell, causing pain in his right arm, shoulder, and chest. Upon arrival of the vessel in gainful employment for more than 120 days after his repatriation; however, this fact
Venezuela on May 17, 2010, Garcia underwent a medical consultation where he was does not ipso facto render his disability total and permanent.
diagnosed with "Contracture Muscular Abnormality" and was recommended to be
repatriated. Thus, on May 20, 2010, Garcia was repatriated back to the Philippines. A temporary total disability only becomes permanent when so declared by the
company physician within the periods he is allowed to do so, or upon the expiration
Garcia was initially diagnosed by company-designated physician Dr. Salvador to be of the maximum 240-day medical treatment period without a declaration of either
suffering from a work-related bilateral shoulder strain/sprain. It was also discovered fitness to work or the existence of a permanent disability. In the present case, while
that he was suffering from bulges on his spine. Garcia continued receiving medical the initial 120-day treatment or temporary total disability period was exceeded, the
treatment from another company-designated physician, Dr. Cruz, for the persistent company-designated doctor duly made a declaration well within the extended 240-
pain he was experiencing on his shoulder and posterior cervical spine. day period that the petitioner was fit to work.
On November 8, 2010, Garcia filed a claim for total and permanent disability benefits The NLRC correctly relied on the findings of the company-designated physicians
against petitioners before the NLRC. Garcia averred that he consulted an independent despite the contrary findings of the independent physician. Jurisprudence holds that,
physician, Dr. Escutin, who diagnosed him with a work-related total and permanent under these circumstances, the assessment of the company-designated physician
injury on his cervical spine, rendering him unfit to be a seaman in whatever capacity. should be given more credence for having been arrived at after months of medical
attendance and diagnosis, compared with the assessment of a private physician done
Petitioners asserted that Garcia’s illnesses are not work-related, and he was already in one day on the basis of an examination or existing medical records.
declared fit to work on October 28, 2010 by his urologist. Petitioners also pointed out
that Dr. Cruz already recommended that Garcia be accorded disability rating of "Grade As a final note, it must be stressed that while the Court adheres to the principle of
10 – Moderate stiffness or two-thirds (⅔) loss of motion of the neck, based on the liberality in favor of the seafarer, it cannot allow claims for compensation based on
POEA) Schedule of Disability Grading." whims and caprices. When the evidence presented negates compensability, the claim
must fail, lest it causes injustice to the employer.
The LA ruled in Garcia’s favour. The LA found that Garcia is entitled to permanent total
disability benefits given that his physical condition prevented him from resuming his The Decision of the Court of Appeals are hereby REVERSED and SET ASIDE.
trade for a period of more than 120 days. The LA gave credence to the findings of the Accordingly, the Decision of the NLRC are hereby REINSTATED.
independent physician, Dr. Escutin, over that of the company-designated physician,
Dr. Cruz. Dissatisfied, petitioners appealed to the NLRC.
Contrary to the findings of the LA, the NLRC discredited the declaration of the
independent physician, Dr. Escutin, that Garcia was permanently unfit for sea duty
given that his disability report did not show that he conducted independent tests to
verify his physical condition, but merely based his review on the medical findings of
petitioners’ designated physicians. Garcia moved for reconsideration which the NLRC
denied .Aggrieved, he filed a petition for certiorari before the CA.

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SEAFARERS- DISABILITY BENEFITS The CA reversed and set aside the ruling of the NLRC, and accordingly, reinstated

et aside the ruling of the NLRC, and accordingly, reinstated that

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