The Supreme Court affirmed the lower court's ruling that Munar, a seafarer diagnosed with a Grade 8 disability, was entitled to compensation for total and permanent disability. While Munar's injury was only partial, he was unable to work for over 120 days. The Court clarified that the 120-day rule determines disability, unless the company doctor states before 120 days that further treatment is needed, extending the period to 240 days. As no such statement was made for Munar before 120 days, he was considered totally and permanently disabled. The petition for review was denied.
The Supreme Court affirmed the lower court's ruling that Munar, a seafarer diagnosed with a Grade 8 disability, was entitled to compensation for total and permanent disability. While Munar's injury was only partial, he was unable to work for over 120 days. The Court clarified that the 120-day rule determines disability, unless the company doctor states before 120 days that further treatment is needed, extending the period to 240 days. As no such statement was made for Munar before 120 days, he was considered totally and permanently disabled. The petition for review was denied.
Original Description:
Labor Law Case - Compensability of Injury for Overseas Workers
The Supreme Court affirmed the lower court's ruling that Munar, a seafarer diagnosed with a Grade 8 disability, was entitled to compensation for total and permanent disability. While Munar's injury was only partial, he was unable to work for over 120 days. The Court clarified that the 120-day rule determines disability, unless the company doctor states before 120 days that further treatment is needed, extending the period to 240 days. As no such statement was made for Munar before 120 days, he was considered totally and permanently disabled. The petition for review was denied.
The Supreme Court affirmed the lower court's ruling that Munar, a seafarer diagnosed with a Grade 8 disability, was entitled to compensation for total and permanent disability. While Munar's injury was only partial, he was unable to work for over 120 days. The Court clarified that the 120-day rule determines disability, unless the company doctor states before 120 days that further treatment is needed, extending the period to 240 days. As no such statement was made for Munar before 120 days, he was considered totally and permanently disabled. The petition for review was denied.
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Case KESTREL SHIPPING CO., INC./ CAPT. AMADOR P.
SERVILLON and ATLANTIC
MANNING LTD., Petitioners, vs. FRANCISCO D. MUNAR, Respondent. Prevailing “Disability should not be understood more on its medical significance but on the loss Jurisprudenc of earning capacity. Permanent total disability means disablement of an employee to e earn wages in the same kind of work, or work of similar nature that (he) was trained for or accustomed to perform, or any kind of work which a person of (his) mentality and attainment could do. It does not mean absolute helplessness.” Facts of the Francisco D. Munar, forged a 6-month contract with Kestrel Shipping Co., in case behalf of its principal Atlantic Manning, Ltd., as PUMP MAN for MV Southern Unity. After Munar assisted manually in lifting the ships anchore windlass motor weighing 350 kgs, he experienced Limp and severe pain in his lumbar region. Six (6) days after, Munar was admitted to Entabeni Hospital in Durban, South Africa. Dr. Soma T. Govender (Dr. Govender), the attending physician, the x-ray and magnetic resonant image (MRI) of Munar’s lumbar spine showed degenerative changes, which required him to take pain medication, use pelvic traction, and undergo physiotherapy Munar was eventually repatriated and placed under the care of company- designated physicians for further treatment and evaluation. On May 3 2007, after 197 days of treatment, the seafarer was assessed with a Grade 8 disability. In the interim, the seafarer had filed a complaint against his employers on April 11 2007 (181 days after he was signed off the vessel) claiming full disability benefits. LA’s decision Awarded the seafarer $60,000, considering that he was already permanently unfit to work having not worked for more than 120 days. NLRC’s The National Labour Relations Commission and the Court of Appeals affirmed the decision & labour arbiter's decision. The Supreme Court(1) further affirmed the decision awarding CA $60,000. ISSUE Whether or not the award of total and permanent disability to Munar was proper. SC’s decision The Supreme Court stated that under Section 32 of the Philippine Overseas Employment Administration (POEA) Standard Employment Contract , only those injuries or disabilities classified as Grade 1 may be considered as total and permanent disability. However, if those injuries or disabilities in Grades 2 to 14, which are partial and permanent, would incapacitate a seafarer from performing his usual sea duties for a period of more than 120 or 240 days (depending on the need for further medical treatment), then the seafarer would still be considered totally and permanently disabled. In this case, the seafarer had a Grade 8 disability but was unable to engage in gainful employment for more than 120 days, he was therefore considered totally and permanently disabled. As to the argument that the 240-day rule instead of the 120-day rule should apply, the court held that the 240-day rule could not apply as the seafarer's claim on April 11 2007 was made before October 6 2008 when the Vergara v Hammonia ruling on the 240-day rule was promulgated. Before October 6 2008, the 120-day rule applies. The court clarified the 120 and 240-day rules as follows: "A seafarer who is unable to work for more than 120 days shall be considered totally and permanently disabled unless the company doctor, before the end of the 120 days, states that he needs further treatment. If the company doctor states that the seafarer needs such further treatment, the period to determine total and permanent disability shall be extended to 240 days." There is a great need to monitor closely the treatment of seafarers. If further treatment is required beyond 120 days, then the company doctor must make a clear declaration stating such. This will extend the determination of total and permanent disability to 240 days. If no declaration of further treatment is made before 120 days, then the seafarer will be considered totally and permanently disabled after 120 days of treatment. Under the 2010 POEA contract it is now expressly stated that disability shall be based solely on the disability grading provided therein, and not measured or determined by the number of days a seafarer is under treatment. It remains to be seen what impact this will have in relation to the current 120 and 240-day rulings of the Supreme Court. There has been no Supreme Court decision on this point to date. Conclusion WHEREFORE, premises considered, the petition is DENIED. The Decision dated January 28, 2011 and Resolution dated September 6, 2011 of the Court of Appeals in CA-G.R. SP No. 110878 are AFFIRMED.
