G.R. No. 249358 , April 28, 2021
Gregorio F. Abella, Petitioner, vs. Abosta Shipmanagement Corporation, Panstar Shipping Co., Ltd., and Alex S. Estabillo, Respondents.

FACTS

Petitioner Gregorio F. Abella was employed as an oiler by respondent Abosta Shipmanagement Corporation for its foreign principal, Panstar Shipping Co., Ltd. On June 23, 2016, while carrying a sack of rice on board M/V Sino Trader, he felt a sudden snap on his left lower back with sharp pain radiating to his thigh/leg. After initial treatment on board and in Singapore, he was repatriated to the Philippines on August 6, 2016. He reported to the company-designated physician on August 8, 2016, and was diagnosed with “Herniated Nucleus Pulpos L3-L4, Disc Protrusion L5-S1 and L-4 Radiculopathy.” Treatment ceased on February 16, 2017. On February 20, 2017, respondents informed Abella he had a Grade 8 disability and offered corresponding benefits. Abella consulted his own doctor, Dr. Cesar H. Garcia, on April 25, 2017, who declared him “permanently unfit for sea duty in whatever capacity.” Abella filed a complaint for total and permanent disability benefits. The parties agreed to refer the conflicting medical findings to a third doctor, Dr. Reneil Jay Peña, who ordered an MRI and EMG test. However, no final assessment from the third doctor was secured. The Labor Arbiter dismissed the complaint for total permanent disability but awarded Grade 8 disability benefits. The NLRC and the Court of Appeals affirmed this decision.

ISSUE

Whether petitioner Gregorio F. Abella is entitled to total and permanent disability benefits, or only to Grade 8 partial disability benefits as assessed by the company-designated physician.

RULING

The Supreme Court denied the petition and affirmed the assailed Court of Appeals Decision and Resolution. Petitioner is entitled only to Grade 8 disability benefits. The Court held that the company-designated physician issued a final medical assessment within the 120/240-day period, specifically on November 22, 2016 (108 days from repatriation), declaring a Grade 8 disability. This assessment was detailed, supported by objective procedures, and demonstrated an outline of medical treatment. In contrast, the assessment of petitioner’s personal physician, Dr. Garcia, was issued after a single consultation based merely on physical examination without supporting tests or previous reports. The non-completion of the conflict-resolution procedure by a third doctor does not preclude a decision based on the evidence on record, and in the absence of a third doctor’s opinion, greater weight is given to the company-designated physician’s assessment due to their familiarity with the seafarer’s medical history. The mere lapse of 240 days does not automatically grant total and permanent disability benefits, especially when a final assessment was timely issued. Petitioner’s claim for damages and attorney’s fees was denied for lack of merit. Respondent Alex S. Estabillo was held jointly and severally liable with the corporate respondents pursuant to Section 10 of Republic Act No. 10022 .