Remigio vs. NLRC, 487 SCRA 190, G.R. No. 159887, April 12, 2006
Subject: Transportation Law
FACTS
Bernardo Remigio entered into a Contract of
Employment with C.F. Sharp Crew Management, Inc. for a position on board SS
"Enchanted Isle," owned by New Commodore Cruise Line, Ltd. Petitioner
experienced severe chest pain while ashore in Cancun, Mexico, and later
underwent triple coronary artery bypass surgery in April 1998.
After being repatriated to Manila, petitioner
demanded unpaid wages, sickness allowance, and permanent total disability
benefits, but the demand was refused. The Labor Arbiter awarded sickness
allowance but denied disability benefits, stating that the illness was not
listed in the Schedule of Disability under the 1996 POEA SEC. The NLRC affirmed
the decision, and the CA upheld it, finding no substantial evidence of
work-related disability.
ISSUE
Whether or not petitioner is entitled to
permanent total disability benefits.
RULING
Yes, the petitioner is entitled to permanent
total disability benefits.
In this case, despite the illness not being
listed in the Schedule of Disability, the Court held that the 1996 POEA SEC is
not exclusive, and the unqualified phrase "during the term" covers
all injuries or illnesses occurring in the contract's lifetime. The Court found
that petitioner suffered permanent total disability as he was unfit for duty
for at least 11-13 months, constituting loss of earning capacity. The
company-designated physician's certification further supported this finding. The Court awarded US$60,000.00 for permanent total disability benefits,
US$3,428.00 for sickness allowance, and attorney's fees.
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