SECOND DIVISION
[G.R. No. 244270. March 11, 2019.]
SEACREST MARITIME MANAGEMENT, INC., petitioner,vs. NOEL M. ANDRINO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 March 2019which reads as follows:
"G.R. No. 244270 (Seacrest Maritime Management, Inc. v. Noel M. Andrino)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the September 5, 2018 Decision 2 and the January 23, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 155532 for failure of petitioner Seacrest Maritime Management, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in upholding respondent Noel M. Andrino's (respondent) total and permanent disability benefits. 4
As correctly ruled by the CA, petitioner's company-designated physician failed to give a final and definite disability assessment of respondent's illness within the prescribed 120-day or 240-day period, considering that the company-designated neurologist, Dr. Godfrey T. Robeniol's assessment 5 made on January 3, 2017, i.e., "Grade 12 — slight residual or disorder," is conditional in nature and lacks any declaration as to respondent's fitness or unfitness to work brought about by his illness. 6 Jurisprudence teaches that the company-designated physician is required to issue a final and definite assessment of the seafarer's liability rating within the aforesaid 120/240-day period, 7 otherwise the opinions of the company-designated and the independent physicians are rendered irrelevant because the seafarer is already conclusively presumed to be suffering from a total and permanent disability, and thus, is entitled to the benefits corresponding thereto. 8
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-40.
2.Id. at 47-72. Penned by Associate Justice Celia C. Librea-Leagogo with Associate Justices Samuel H. Gaerlan and Maria Filomena D. Singh, concurring.
3.Id. at 74-75.
4. See id. at 6-8.
5. See id. at 61.
6. See id. at 64.
7. See Sharpe Sea Personnel, Inc. v. Mabunay, Jr., G.R No. 206113, November 6, 2017; citing Magsaysay Maritime Corp. v. Cruz, 786 Phil. 451, 464 (2016). See also Kestrel Shipping Co., Inc. v. Munar, 702 Phil. 717, 731 (2013).
8. See Magsaysay Maritime Corp. v. Cruz, id. at 464; citing Alpha Ship Management Corp. v. Calo, 724 Phil. 106, 125-126 (2014).