Labor - G.R. No. 220898 - Digest
Labor - G.R. No. 220898 - Digest
Labor - G.R. No. 220898 - Digest
Mon C. Anuat, petitioner, vs. Pacific Ocean Manning, Inc./Tras Star Shipping Agency Corporation,
Massoel Meridian Ltd. and/or Hernando S. Eusebio, respondents.
Carpio, J.
Anuat filed a complaint against Pacific for total and permanent disability benefits, reimbursement
of medical expenses, sickness allowance, damages and attorney’s fees.
FACTS:
Pacific is a corporation engaged in the recruitment and deployment of Filipino seafarers for
vessels traveling through international water, which hired Anuat as an able seaman. Unfortunately, Anuat
had an accident during unloading operations in the port of Cabello, Venezuela. He fell down the vessel’s
deck and was diagnosed to have sustained head injury, whiplash injury and trauma in his left knee. Anuat
was confined in a hospital and later medically repatriated to the Philippines.
Upon his arrival, Pacific’s company-designated physician found that Anuat still suffered from the
injuries and recommended him to undergo surgery to repair his left knee. He was advised to come back.
Claiming he could no longer work as an able seaman, he did not return and rather filed a complaint.
Anuat alleged that he sustained the injuries during his employment contract with Pacific, being
undoubtedly connected to the work, and, thus, entitled to total permanent disability benefits since more
than 120 days had lapsed after his medical repatriation. On the contrary, Pacific contended that Anuat’s
claim was not supported by law and that the standard in measuring disability depended on the disability
grading issued by the company-designated physician.
ISSUE:
RULING:
The Supreme Court denied Anuat’s claim for total and permanent disability benefits, and instead
granted partial and permanent disability benefits per CBA provision of the parties, considering Anuat’s
cause of action has not yet accrued.
No less than the Labor Code of the Philippines provides temporary total disability lasting
continuously for more than 120 days shall be deemed total and permanent, however may be extended to
240 days when further medical treatment is required. Hence, temporary total disability becomes
permanent if the 240 days lapse without prior declaration of the physician of the fitness of the employee
to resume his or her duties, or when the physician finds permanent disability existing during the 240-day
period.
Pacific was still addressing Anuat’s medical condition and the physician was still in the process of
determining whether he was permanently disabled or fit to resume his duties as able seaman when he
prematurely filed his claim before the lapse of the 240-day period. Likewise, Anuat is not entitled to
attorney’s fees for Pacific is not guilty of any act or omission constituting bad faith since it continued to
give him medical care.
DOCTRINE:
Cause of action that has not yet accrued does not entitle one of legal remedy sought.