SECOND DIVISION
[G.R. No. 244814. June 10, 2019.]
UNITED PHILIPPINE LINES, INC. AND/OR HOLLAND AMERICA LINE WESTOURS, INC., petitioners, vs.JEFFREY M. GOROSPE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 244814 (United Philippine Lines, Inc. and/or Holland America Line Westours, Inc. v. Jeffrey M. Gorospe)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 13, 2018 Decision 2 and February 11, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 150046 for failure of petitioners United Philippine Lines, Inc. and/or Holland America Line Westours, Inc. (petitioners) to sufficiently show that the CA committed any reversible error in upholding respondent Jeffrey M. Gorospe's (respondent) entitlement to total and permanent disability benefits. HTcADC
As correctly ruled by the CA, while the July 1, 2015 Medical Report 4 indicated respondent's final diagnosis, it failed to provide him with a final and definite disability rating, as evinced by the wording "IF NEEDED, the disability grading based on the present functional capacity of the patient, in accordance to the Amended POEA Contract, Section 32, Chest-Trunk-Spine, moderate rigidity or two-thirds (2/3) loss of motion or lifting power of the trunk, is grade 8." 5 Furthermore, records show that respondent still underwent therapy until July 16, 2015, or after said Medical Report was issued. 6 Jurisprudence teaches that the company-designated physician is required to issue a final and definite assessment of the seafarer's liability disability rating within the prescribed 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. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 33-49.
2.Id. at 59-69. Penned by Associate Justice Danton Q. Bueser with Associate Justices Mariflor P. Punzalan Castillo and Henri Jean Paul B. Inting (now a member of this Court), concurring.
3.Id. at 70-72.
4.Id. at 269.
5. See id. at 67 and 269.
6. See id.
7. See Pelagio v. Philippine Transmarine Carriers, Inc., G.R. No. 231773, March 11, 2019, citing Sharpe Sea Personnel, Inc. v. Mabunay, G.R. No. 206113, November 6, 2017, citing Magsaysay Maritime Corporation v. Cruz, 786 Phil. 451, 464 (2016); and Kestrel Shipping Co., Inc. v. Munar, 702 Phil. 717, 731 (2013).
8. See Pelagio v. Philippine Transmarine Carriers, Inc., G.R. No. 231773, March 11, 2019, citing Magsaysay Maritime Corp. v. Cruz, id. at 464, citing Alpha Ship Management Corporation v. Calo, 724 Phil. 106, 125-126 (2014).