G.R. No. 211211 , January 14, 2015
ROMMEL B. DARAUG, Petitioner, vs. KGJS FLEET MANAGEMENT MANILA, INC., KRISTIAN GERHARD JEBSEN SKIPSREDER, MR. GUY DOMINO A. MACAPAYAG and/or M/V “IBIS ARROW,” Respondents.

FACTS

Petitioner Rommel B. Daraug was employed by respondent KGJS Fleet Management Manila, Inc. as a motorman. On December 23, 2007, while on board M/V Fayal Cement, steel plates fell on his right leg, fracturing his fibula and tibia. After treatment by company-designated physicians Dr. Fidel C. Chua and Dr. Tiong Sam Lim, he was declared fit to work and executed a Certificate of Fitness to Work on January 16, 2009. On May 12, 2009, he was rehired for a nine-month contract on board M/V Ibis Arrow. On October 31, 2009, he slipped and injured his right leg again, sustaining a severe bruise/hematoma. He was medically repatriated on November 14, 2009. Upon arrival, he was examined by the same company-designated physicians, who found no fracture and treated him for contusion hematoma. After re-evaluations, Dr. Lim declared him fit to work on December 21, 2009, and petitioner executed another Certificate of Fitness to Work. He was paid sick wages for the period of treatment.
On March 5, 2010, petitioner filed a complaint for permanent disability benefits, sick wages, damages, and attorney’s fees, claiming his injuries rendered him permanently disabled. On April 13, 2010, after filing the complaint, he consulted Dr. Manuel C. Jacinto, Jr., who issued a medical certificate stating he had an open fracture on his right fibula and was unfit to work. The Labor Arbiter (LA) granted petitioner’s claims, finding Dr. Jacinto’s assessment credible and noting petitioner’s difficulty in walking. The National Labor Relations Commission (NLRC) reversed the LA, giving credence to the company-designated physicians’ findings. The Court of Appeals (CA) affirmed the NLRC, prompting this petition.

ISSUE

Whether petitioner is entitled to permanent disability compensation, sick wages, damages, and attorney’s fees.

RULING

The Supreme Court denied the petition, affirming the CA and NLRC rulings. The Court held that petitioner was not entitled to permanent disability benefits. The company-designated physicians, who treated petitioner extensively from November to December 2009, declared him fit to work, and their findings were supported by medical evidence. Petitioner’s claim of permanent disability was undermined by evidence that he had secured subsequent employment as a seafarer with another agency, undergoing pre-employment medical examinations that found him fit to work. The Court emphasized that disability compensation requires incapacity to work, and petitioner failed to prove any such incapacity. His reliance on Dr. Jacinto’s assessment was unpersuasive, as it was based on a single examination conducted months after his treatment and fitness declaration. The Court also denied ancillary claims for sick wages, damages, and attorney’s fees for lack of factual and legal basis.