8. ZALDY B RAZONABLE vs. MAERSK-FILIPINAS CREWING, INC and/or A.P.

MOLLER A/S

FACTS:

Zaldy Z. Razonable, petitioner herein, is an ordinary seaman on board M/V

Marren Maersk. He entered into a Contract of Employment with A.P. Moller on March
24, 2015. Respondents herein are corporations involved in maritime industry; Maersk
acting as the manning agency and Moller as the shipper. Razonable’s employment
contract, as per the Collective Bargaining Agreement is good for six(6) months, with the
basic monthly pay of US $450.00

On May 6, 2015, while he was at work and carrying some load, he felt a sudden
click at his back, accompanied by a mild to moderate pain. He was then given first aid
and confined in his cabin. It was only in June 11, 2015 that he was brought to a hospital
and diagnosed with spine disc injury, where he is also recommended by the foreign
physician to undergo surgery should there be no improvement with his condition.

In June 17, 2015, Razon got back to Manila where he received full medical
attention, including continued therapy and rehabilitation at Marine Medical Services, the
accredited medical facility of the company until October 9, 2015. Respondents informed
Razonable of his final disability assessment and offered him commensurate disability
benefits. However, the latter refused and insisted on permanent disability benefits,
based on his private consultation of an orthopaedic expert, Dr. Magtira, who issued a
report concluding that he was permanently unfit in any capacity to resume his sea
duties.

Razonable, through his counsel, sent a letter in February 2016 to the

respondents showing his willingness to seek for third opinion, as required by law, to
confirm his medical condition, and that he is claiming full/permanent disability benefits
as stipulated in the CBA. However, respondents ignored such letter. This prompted the
petitioner to file a complaint against the respondents with the National Conciliation and
Mediation Board which found favor for him, however reversed by the Court of Appeals.
Thus, the instant petition.

ISSUE:

Whether or nor Razonable is entitled of the total and permanent disability

benefits as stipulated in the CBA.

HELD: YES

The Court ruled in the affirmative. It was proved that the company-designated
physician failed to give a final assessment on the medical condition of Razonable. A
final, conclusive and definite medical assessment must clearly state whether the
seafarer is fit to work or the exact disability rating, or whether the illness is work-related,
and without any further condition.

The Court held that the assessment done to Razonable was not final because he
was still required to return for re-evaluation. In Elburg Shipment vs. Quiogue Jr, the
Court held that when the company-designated physician fails to give a final assessment
on the condition of the employee within 120 days, without any justifiable reason, the
seafarer’s disability becomes total and permanent.

Therefore, Razonable is entitled to US $60,000.00 plus attorney’s fees.