The LA dismissed it for lack of merit, which the NLRC affirmed. The CA reversed the NLRC and ruled that Chin was entitled to permanent total disability benefit of US$60,000.00. It remanded the case to the LA for determination of other monetary awards. Magsaysay paid the deficiency award of US$30,000.00. ISSUE: Is Chin entitled to an award of loss of future earnings on top of his disability benefits? HELD NO. The Labor Arbiter’s award of loss of earning is unwarranted since Chin had already been given disability compensation for loss of earning capacity. An additional award for loss of earnings will result in double recovery. In a catena of cases, the Court has consistently ruled that disability should not be understood more on its medical significance but on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment could do. Disability, therefore, is not synonymous with "sickness" or "illness." What is compensated is one’s incapacity to work resulting in the impairment of his earning capacity. CARLO F. SUNGA, v. VIRJEN SHIPPING CORPORATION, NISSHO ODYSSEY SHIP MANAGEMENT PTE. LTD., and/or CAPT. ANGEL ZAMBRANO, G.R. No. 198640 April 23, 2014 FACTS: Sunga was hired as fitter by Virjen Shipping Corporation (Virjen), acting in behalf of its foreign principal, Nissho Odyssey Ship Management Pte. Ltd. While on board the MT Sunway vessel, Sunga started to experience an on-and- off right flank pain, making it difficult for him to work. Dr. Cruz issued a medical certificate recommending a Grade 8 disability based on the POEA Standard Employment Contract; and another recommending a disability rating of 25% in accordance with the CBA. Based on these two certificates, Virjen offered US$ 16,795.00 in accordance with the POEA -SEC. Sunga rejected the offer and demanded disability benefits pursuant to the CBA. Virjen denied
Sunga’s demand prompting the latter to file a complaint for disability benefits. Virjen claimed that the CBA requires that for permanent disability to be compensable, the disability should be the result of an accident incurred during the course of the seafarer’s employment. Virjen argued that Sunga failed to present any proof that his disability was indeed the result of an accident. ISSUE: Is Sunga entitled to the benefits under the CBA? HELD YES. Sunga did not incur the injury while solely performing his regular duties; an intervening event transpired which brought upon the injury. To repeat, the two other oilers who were supposed to help carry the weight of the 200- kilogram globe valve lost their grasp of the globe valve. As a result, Sunga’s back snapped when the entire weight of the item fell upon him. Notably, this incident cannot be considered as foreseeable, nor can it be reasonably anticipated. Sunga’s duty as a fitter involved changing the valve, not to routinely carry a 200-kilogram globe valve singlehandedly.
- Fall '14
- Child labour, petitioner, G.R. No.