Photo from Unsplash |Tingey Injury
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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
As mandated under the POEA-SEC, as amended by POEA Memorandum Circular No. 10, Series of 2010, upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.
The Supreme Court Decides: Upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.
On March 19, 2013, Private Respondent Anglo-Eastern Crew Management Phils., Inc., for and on behalf of its principal, private respondent Anglo-Eastern Crew Management (Asia) Ltd., hired
Petitioner Victorino G. Ranoa as Master of its vessel “Genco Bay” for six (6) months with a monthly salary of USD1,943.00.
Prior to his deployment, Petitioner underwent routinary Pre-Employment Medical Examination (PEME). Based on the results of his examination, petitioner was declared fit for sea duty and got deployed on March 26, 2013.
Barely two (2) months on board, petitioner suffered dizziness, vomiting, chest pain, shortness of breath, and cold sweat. He was brought to a doctor in London who noted his elevated blood pressure at 170/100mmHg. Consequently, he got repatriated on May 26, 2013. As soon as he arrived back in the country, he was referred to company-designated doctors Karen Frances Hao-Quan and Marianne C. Sy. On October 24, 2013, the doctors issued a Grade 12 disability rating.
Petitioner sought the opinion of a private doctor, Dr. Antonio C. Pascual of the Philippine Heart Center. Dr. Pascual found him to be suffering from Stage 2 hypertension and coronary artery disease and advised him to continue with his medication and treatment. Dr. Pascual opined that petitioner was unfit for sea duties. Petitioner averred that despite this finding, private respondents refused to award him total and permanent disability benefits. Hence, he got constrained to file a complaint for permanent total disability benefits.
In his Decision, Labor Arbiter Eric V. Chuanico granted petitioner’s claim for total and permanent disability benefits. Records showed that petitioner was asymptomatic when he boarded the vessel. He was also deemed fit for sea duties. If petitioner already had a heart condition prior to boarding, then the same would have been reflected in his PEME, but it was not. Petitioner, therefore, was deemed fit prior to assuming his duties. His work on board caused or at least contributed to the development of his illness. Thus, the same is compensable.
The NLRC affirmed the Labor Arbiter’s Decision with modification, deleting the award of damages amounting to PhP100,000.00.
The Court of Appeals (CA) reversed the NLRC Decision, holding that while petitioner was indeed diagnosed with hypertensive cardiovascular disease and minor coronary artery disease, he failed to prove the existence of the circumstances to make the disease compensable under the POEA-SEC. Hence, this petition for review on certiorari.
The issue in this case is whether or not the petitioner is entitled to total and permanent disability benefits.
The Supreme Court Decides
The Supreme Court partly granted the petition. The CA’s decision and resolution are affirmed with modification. Anglo-Eastern Crew Management Phils., Inc. and Anglo-Eastern Crew Mgt. (Asia) Ltd. are ordered to pay petitioner the following:
- The amount in US dollars or its Philippine Peso equivalent at the time of payment for Grade 12 disability rating in accordance with the Collective Bargaining Agreement;
- 10% of the total monetary award as attorney’s fees; and
- Interest of these amounts at the rate of 6% per annum from the date of finality of the Decision until fully paid.
Petitioner is not entitled to permanent and total disability benefits but only to Grade 12 disability benefits as found by the company-designated doctors. This is because petitioner inexplicably failed to comply with the POEA-SEC’s mandated procedure for referral to a third doctor.
As mandated under the POEA-SEC, as amended by POEA Memorandum Circular No. 10, Series of 2010, upon repatriation, the seafarer concerned shall be examined and treated by the company-designated physician. If the seafarer disagrees with the final assessment of the company-designated physician, the former may procure a second opinion from a physician of his or her choice. In case of a conflicting assessment, the parties may resort to a third doctor.
There was absolutely no conclusive proof that petitioner’s hypertension and coronary artery disease actually prevented him from working again as a seaman. In fact, as private respondents manifested and as proved by the POEA’s OFW Information, TDG Crew Management, Inc., for and on behalf of Dalex Shipping Company S/A, employed petitioner on board its vessel on a three (3)-month contract. Another POEA OFW Information shows that Seacrest Maritime Management, Inc., for and on behalf of Sea Vision Shipping, Inc., hired petitioner as Master of its vessel on a six (6)-month contract. These clearly show that petitioner is still able to perform his usual work, notwithstanding Dr. Pascual’s assessment that he was supposedly already totally and permanently disabled for sea duties.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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