Del Rosario Pandiphil Inc.
Shipping and the Law
Court reduces disability grading;
upholds POEA contract provisions
By:
Seafarer
fell during a lifeboat drill accident causing pain on his chest and back and
swelling on his left clavicle bone.
He was eventually declared unfit for sea duties as he was diagnosed to
suffer cervical disc disease level of C3 C4 C5 C6 with
Radiculopathy. The
company physician gave him a disability Grade 10 (US$12,090). Dissatisfied, seafarer filed a complaint
before the Labor Arbiter for full disability benefits of Grade 1 (US$60,000). The parties agreed to seek the opinion
of another doctor who likewise gave a disability grading of Grade 10.
The
Labor Arbiter awarded US$60,000 as Grade 1 disability benefits as complainant
could no longer go back to his previous work. On appeal, the NLRC affirmed the Labor
Arbiter as complainant’s injury being for life is analogous to the grade
1 injuries in the POEA Schedule of Disability.
The
Court of Appeals reversed the ruling of the NLRC and awarded Grade 10
(US$12,090) disability benefits.
The
Court ruled:
1. The seafarer deserves to be compensated
for his injury. However, the POEA
contract is clear t
2. The Labor Arbiter and the NLRC do not
have specialized knowledge in the medical field. The company physician has such
specialized knowledge and treated seafarer from the very beginning. Their findings of Grade 10 therefore has
basis.
3. The contract is still the law between
the parties. In this case, the
seafarer is claiming under the POEA contract and thus the terms thereof must be
respected.
In
the words of Justice Amelita Tolentino:
“Indeed,
the law takes precedence over the contract of the parties. Laws are deemed written into the terms
of the contract. However, the
contract is still the law between the parties. Especially in this case where the party
is claiming under the contract, the terms thereof must at least be respected. If the same will not be applied, it must
be for the same reason. To our
mind, it is certainly a grave abuse of discretion on the
part of the public respondent (NLRC) when it replaced the findings of the
company-designated physician with its own finding and totally
disregarded the basic provisions of the POEA contract without any justification
for doing so. Since the contract is
the law between the parties, we cannot ignore the provisions therein without
stating any valid reason therefore.”
Career Philippines Shipmanagement, Inc. et.al. vs. NLRC, et.al.,
CA-G.R. SP No. 79150, April 27, 2005 (Justice Amelita Tolentino, Special Ninth
Division, Court of Appeals)
Note: Attys. Herbert Tria
and Dennis Acaban of Del Rosario & Del Rosario handled case for vessel
interests.
_______________________________
Ruben
T. Del Rosario is managing partner of Del Rosario & Del Rosario. He
is former president of the Maritime Law Association of the
For
complete copy of the decision or for further information, please call 63 2 810
1791 or fax 63 2 817 1740 or email ruben.delrosario@delrosariolaw.com
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Del Rosario Pandiphil Inc.
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