The CA correctly ruled that Montierro's condition cannot be deemed a permanent total disability. The Court has already delineated the effectivity of the Crystal Shipping and Vergara rulings in the 2013 case Kestrel Shipping Co. Inc. v. Munar, by explaining: Nonetheless, Vergara was promulgated on October 6, 2008, or more than two (2) years from the time Munar filed his complaint and observance of the principle of prospectivity dictates that Vergara should not operate to strip Munar of his cause of action for total and permanent disability that had already accrued as a result of his continued inability to perform his customary work and the failure of the company-designated physician to issue a final assessment. Applying the 240-day rule to this case, we arrive at the same conclusion reached by the CA. Montierro's treatment by the company doctor began on 4 June 2010. It ended on 3 January 2011, when the company doctor issued a "Grade 10" final disability assessment. Counting the days from 4 June 2010 to 3 January 2011, the assessment by the company doctor was made on the 213th day, well within the 240-day period. The extension of the period to 240 days is justified by the fact that Dr. Alegre issued an interim disability grade of "10" on 3 September 2010, the 91st day of Montierro's treatment, which was within the 120-day period.
NORIEL R. MONTIERO vs. RICKMERS MARINE AGENCY PHILS. INC., G.R. No. 210634, January 14, 2015, C.J. Sereno
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