Quimio v. Sea Cap (G.R. No. 233417. April 11, 2018)
CASE DIGEST: [G.R. No. 233417, April 11, 2018]. PAMPILO O. QUIMIO -- VERSUS -- SEA CAP SHIPPING, INC., SAGANA SHIPPING, INC. AND MR. EDWIN M. CRISTOBA.
FACTS: The CA held that Pampilo O. Quimio (Quimio) is only entitled to permanent partial disability compensation as the records show that the company-designated physician gave Quimio a final disability grading of Grade 10 before the lapse of the 240 days on October 29, 2012, specifically 225 days from repatriation. A final disability grading of Grade 10 is only equivalent to permanent partial disability.
Furthermore, the POEA-SEC also provides that to resolve the conflicting findings of a company-designated physician and personal physician, a third doctor may be agreed jointly between the employer and the seafarer. The third doctor's decision shall be final and binding on both parties. Unfortunately, in this case, Quimio did not avail of this procedure. As such, the company-designated physician's assessment must prevail.
HELD: After a judicious review of the records of the case, the Court finds no reversible error on the part of the CA in denying Quimio's petition and affirming the findings of the Labor Arbiter and the National Labor Relations Commission.
After reviewing the Petition and its annexes, including the Court of Appeals (CA) Decision dated April 12, 2017 and the Resolution dated August 10, 2017 in CA-G.R. SP No. 135468, the Court RESOLVES to DENY the instant Petition and AFFIRM the April 12, 2017 Decision and August 10, 2017 Resolution of the CA.
Furthermore, the POEA-SEC also provides that to resolve the conflicting findings of a company-designated physician and personal physician, a third doctor may be agreed jointly between the employer and the seafarer. The third doctor's decision shall be final and binding on both parties. Unfortunately, in this case, Quimio did not avail of this procedure. As such, the company-designated physician's assessment must prevail.
HELD: After a judicious review of the records of the case, the Court finds no reversible error on the part of the CA in denying Quimio's petition and affirming the findings of the Labor Arbiter and the National Labor Relations Commission.
After reviewing the Petition and its annexes, including the Court of Appeals (CA) Decision dated April 12, 2017 and the Resolution dated August 10, 2017 in CA-G.R. SP No. 135468, the Court RESOLVES to DENY the instant Petition and AFFIRM the April 12, 2017 Decision and August 10, 2017 Resolution of the CA.
