DISPOSITIVE:

ACCORDINGLY, the petition is GRANTED and the Decision dated July 12, 2019 and Resolution dated November 22, 2019, REVERSED and SET ASIDE. Petitioner Christopher C. Calera is declared TOTALLY AND PERMANENTLY DISABLED for sea duties. Respondent Hoegh Fleet Services Philippines, Inc. is ORDERED to PAY petitioner:

1) Total and Permanent Disability Benefits ofUSD60,000.00; and

2) Attorney’s Fees of ten percent ( 10%) of the total monetary award.

The total monetary award shall earn six percent ( 6%) legal interest per annum from finality of this Decision until fully paid.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

As worded, the medical report was far from final. For one, the company-designated physicians made no mention of any ~isability rating nor any declaration as to petitioner’s fitness or unfitness for further sea duty. For another, the alleged finality of the medical report was negated by the fact that petitioner needed further medical treatment, i.e., he was referred for four (4) sets of physical therapy with six (6) sessions each. That he was not re[1]deployed after the incident at the Holiday Inn lends credence to the fact that he still needed further medical attention and far from healed.

The Court, therefore, finds the June 13, 201 7 medical report to have fallen short of the parameters for a final and definite medical report. Even if the company-designated physicians were justified in extending petitioner’s medical treatment to more than 120 days, yet, as earlier stated, the alleged final medical report is far from final.

Sans a valid final and definite assessment from the company-designated physicians within the 120/240-day period, the law already steps in to consider petitioner’s disability as total and permanent.59 By operation oflaw, therefore, petitioner is deemed totally and permanently disabled.

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scd-2021-0023-christopher-c.-calera-vs.-hoegh-fleet-services-philippines-incorporated-g.r.-no.-250584.-june-14-2021Download

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