DISPOSITIVE:

ACCORDINGLY, the petition is GRANTED. The Decision dated April 24, 2019 and Resolution dated August 9, 2019 of the Court of Appeals in CA-G.R. SP No. 158565 are REVERSED and SET ASIDE. The Decision dated December 1, 2017 and Resolution dated November 19, 2018 of the National Conciliation and Mediation Board – Panel of Voluntary Arbitrators in MVA-090-RCMB-NCR-081-13-03-2017 are REINSTATED.

Respondents United Philippine Lines, Inc. and/or Shell International Trading and Shipping Co. are ORDERED to jointly and severally pay petitioner Kennedy R. Quines the following amounts:

1) total and permanent disability benefits of US$98,848.00 or its peso equivalent at the time of payment, in accordance with the IBFAMOSUP/IMEC TCCC Collective Bargaining Agreement for 2015-2017, less whatever amount that had already been paid to petitioner by way of financial assistance;

2) ten percent (10%) of the total monetary award as attorney’s fees; and

3) six percent ( 6%) legal interest per annum of the total monetary amount from finality of this Decision until full payment.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

“Surely, the fact that petitioner is taking five (5) maintenance medications for his hypertension alone, already permanently incapacitates him from securing gainful employment as a seafarer. Too, there is no showing that he had been re-employed by respondents or engaged as a seaman by any other company ever since he got repatriated in 2016. Verily, his continuous unemployment until this very day indicates his total and permanent disability.

Further, without a valid final and definitive assessments from the company-designated doctors within the 120/240-day period, as in this case, the law already steps in to consider a seafarer’s disability as total and permanent. By operation of law, therefore, petitioner is already deemed to be totally and permanently disabled.”

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