UNITED PHILIPPINE LINES, INC. and/or HOLLAND AMERICA LINE, INC. VS FRANCISCO BESERIL

UNITED PHILIPPINE LINES, INC. and/or HOLLAND AMERICA LINE, INC.

VS

FRANCISCO BESERIL
487 SCRA 248 (2006)

The law does not require that the illness should be incurable, what is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability, thus, an award of a total and permanent disability benefit is in order.

Francisco Beseril (Francisco) was hired by United Philippine Line, Inc. (UPL) in behalf of its principal, Holland America Line (HAL). He is usually rehired by UPL to serve as one of the seaman in HAL’s vessel as an assistant cook. In the middle of his service he started to feel chest pain and was brought ashore and underwent Triple Heart By-Pass. When he was brought to Manila he underwent several rehabilitation and physical therapy. One of Francisco’s doctors found that he was unfit to work.

Relying on the findings of the doctor, Francisco and his counsel demanded for disability pay from his employer UPL and/or HAL. UPL directed Francisco to undergo an examination with their company doctor. The company doctor found that Francisco is in fact fit to work as a seaman. Francisco agreed to work again for UPL but did not show up in their office.

Francisco filed a complaint in the NLRC against ULP and HAL claiming disability benefits, loss of earning and capacity and damages. The Labor Arbiter awarded Francisco full amount of the benefits and damages. The NLRC modified the decision of the Labor Arbiter and deleted the award for disability benefits. ULP and HAL contended that there should be no grant of Disability Benefit because their company physician certified that he is fit to go back to work. On appeal, the Court of Appeals reversed the decision of the Labor Arbiter and ruled that the disability benefit should be awarded

Hence, this petition.

ISSUE:
Whether or not Disability Benefit should be awarded to Francisco Beseril

HELD:
That Francisco was found to be “fit to return to work” by Clinica Manila (where he underwent regular cardiac rehabilitation program and physical therapy from January 15 to May 28, 1998 under UPL’s account) on September 22, 1998, or a few months after his rehabilitation does not matter.

UPL tried to contest the above findings by showing that respondent was able to work again as a chief mate in March 2001. Nonetheless, this information does not alter the fact that as a result of his illness, respondent was unable to work as a chief mate for almost three years. It is of no consequence that respondent was cured after a couple of years.

The law does not require hat the illness should be incurable. What is important is that he was unable to perform his customary work for more than 120 days which constitutes permanent total disability. An award of a total and permanent disability benefit would be germane to the purpose of the benefit, which is to help the employee in making ends meet at the time when he is unable to work