Bandila Shipping v. Abalos
REITERATIONFacts
The Antecedents: Respondent Marcos C. Abalos, a Filipino seafarer, entered into a contract of employment with petitioner Bandila Shipping, Inc. (BSI) as fourth engineer. Prior to embarkation, he was declared "fit for sea service." While on duty, Abalos experienced excruciating stomach pain and was diagnosed with "gallstone, acute cholecystitis, and pancreatitis suspected." He was found unfit for duty and repatriated to the Philippines. Subsequent medical examinations confirmed cholecystolithiasis (gallstone) and recommended surgery. Abalos filed a complaint for disability benefits, claiming his illness was work-aggravated. Procedural History: The Labor Arbiter granted Abalos permanent disability benefits, finding his illness work-aggravated. The National Labor Relations Commission (NLRC) reversed this, holding that gallstone was not an occupational disease under the standard employment contract and Abalos failed to prove work aggravation. The Court of Appeals (CA) reinstated the Labor Arbiter's decision, deeming the illness work-related. BSI's motion for reconsideration was denied. The Petition: Petitioners BSI and Fuyoh Shipping, Inc. filed a petition for review, questioning the CA's ruling that Abalos' gallstone is compensable.
Issue(s)
Whether or not respondent Abalos’ cholecystolithiasis or gallstone is compensable and, thus, entitles him to disability benefits and sickness allowance.
Ruling
The petition is granted. The decision of the Court of Appeals is set aside, and the decision of the National Labor Relations Commission is reinstated.
Ratio Decidendi
On Whether respondent Abalos’ cholecystolithiasis or gallstone is compensable and, thus, entitles him to disability benefits and sickness allowance: The Court ruled that cholecystolithiasis or gallstone is not a compensable illness for respondent Abalos. The applicable standard employment contract for Filipino seafarers did not list gallstone as an occupational disease. The Court emphasized that when parties agree to such a contract, they presumably base it on medical science, and the contract's provisions regarding compensability are binding. The Court found no error in the NLRC's conclusion that the illness was not work-related or aggravated by the seafarer's work. The formation of gallstones takes months or years and is often linked to factors like weight or diet, or genetic predisposition, rather than the specific demands of working on a vessel. Furthermore, Abalos failed to prove that his work aggravated his condition; it was highly probable he had the gallstone prior to boarding, with symptoms manifesting only during the voyage. The Court reiterated the significance of the Philippine Overseas Employment Administration Standard Employment Contract, stating that deviations from its terms by the NLRC could undermine its credibility and deter foreign shipping companies from adhering to Philippine laws and jurisdiction, to the detriment of other Filipino seafarers. Therefore, the CA erred in treating Abalos' illness as work-related and compensable.
Main Doctrine
Cholecystolithiasis (gallstone) is not a compensable illness for a seafarer if it is not listed as an occupational disease in the applicable standard employment contract, and the seafarer fails to prove that the nature of his work aggravated the illness or that the illness is work-related. The standard employment contract, when adopted, binds both parties and its provisions regarding compensability are presumed to be based on medical science.