Centennial Transmarine v. Quiambao
REITERATIONFacts
The Antecedents: Respondent Pastor M. Quiambao (Pastor), employed as a messman by petitioner Centennial Transmarine, Inc., suffered excruciating pain in his upper back during the first week of August 2006 while carrying heavy food provisions. He was initially treated with painkillers by the ship doctor, but his condition worsened. He was referred to a clinic in Singapore where X-rays revealed lumbar muscular spasm with disc degeneration and thoracic spondylosis. He was declared fit for light duties only and recommended for repatriation. Upon arrival in the Philippines on September 18, 2006, he was referred to the company-designated physician, Dr. Leticia Abesamis, who diagnosed him with Thoraco Lumbar spine nerve impingement, R/O herniated disc. Pastor underwent MRI and was advised not to carry heavy objects. On November 7, 2006, Pastor filed a complaint for permanent disability compensation, sickness wages, damages, and attorney's fees. Procedural History: The Labor Arbiter ruled in favor of Pastor, ordering petitioners to pay US$78,750.00 as disability benefits and 10% thereof as attorney's fees, finding his illness work-related and permanent and total. The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter's decision, holding that the accident was the proximate cause of Pastor's injury and that his disability was permanent. The Court of Appeals (CA) also affirmed the NLRC's ruling, initially stating Pastor suffered from osteoarthritis, an occupational disease, which developed in the course of his employment. In a subsequent resolution, the CA denied petitioners' motion for reconsideration, despite petitioners arguing that Pastor's ailment was spinal disc degeneration, not osteoarthritis, and that he failed to meet the conditions for compensability. The Petition: Petitioners assailed the CA's decision and resolution, arguing that Pastor's actual illness was spinal disc degeneration, which is not work-related or compensable, and that he failed to adduce evidence of Grade 1 disability. They contended that an illness lasting more than 120 days does not automatically entitle a seafarer to full disability benefits without assessment from the company-designated physician.
Issue(s)
1. What is the actual illness of the private respondent on board the vessel? 2. Whether the Court of Appeals decided in a way not in accord with law or with the applicable decisions of the Supreme Court in affirming the Decision and Resolution of the NLRC despite the glaring fact that the actual illness of the private respondent is not work-related. 3. Whether the Court of Appeals decided in a way not in accord with law or with the applicable decisions of the Supreme Court in awarding US$78,750.00 despite the fact that the private respondent has failed to adduce evidence that he is suffering from a Grade 1 disability. 4. Whether the Court of Appeals decided in a way not in accord with law or with the applicable decisions of the Supreme Court in awarding attorney's fees.
Ruling
The petition lacks merit. The Supreme Court affirmed the decision of the Court of Appeals, upholding the award of total and permanent disability benefits to the respondent seafarer.
Ratio Decidendi
On Issue 1 (Actual Illness): The Court ruled that petitioners are judicially estopped from claiming that Pastor's illness is spinal disc degeneration, as they consistently referred to it as osteoarthritis in their pleadings before the labor tribunals. Furthermore, in medical parlance, spinal disc degeneration and osteoarthritis can be considered the same, as degenerative disc disease can lead to osteoarthritis. The medical records, including the findings of the company-designated physician and the independent physician, supported the conclusion that Pastor suffered from spondylosis, which is osteoarthritis of the spine. The Court found the CA's declaration of Pastor's illness as osteoarthritis to be supported by the evidence. On Issue 2 (Work-Relatedness and Compensability): The Court found the petitioners' argument against the work-relatedness and compensability of Pastor's illness untenable. The records did not contain any evidence from the company-designated physician categorically declaring the illness as not work-related. Moreover, the POEA-SEC governs the employment contract, and Section 20(B) thereof requires that an injury or illness must be work-related and arise during the term of the employment contract to be compensable. The Court sustained the findings of the Labor Arbiter, NLRC, and CA that Pastor's ailment was work-related and compensable, noting that the accident he sustained while carrying heavy food provisions was not disputed and his duties as a messman involved carrying heavy loads and strenuous activities, which could have caused or aggravated his illness. On Issue 3 (Permanent and Total Disability and Grade 1 Disability): The Court reiterated that a temporary total disability becomes permanent when so declared by the company-designated physician within the allowed period, or upon the expiration of the maximum 240-day medical treatment period in the absence of such a declaration. Pastor was repatriated on September 18, 2006, and received medical treatment, but no definite assessment of his fitness to work or permanent disability was issued by the company-designated physician before the expiration of the 240-day period. Petitioners themselves admitted that no disability grading had been issued by Dr. Abesamis even 281 days after Pastor's repatriation. Consequently, Pastor's disability was deemed permanent and total, and the award of US$78,750.00 was sustained. On Issue 4 (Attorney's Fees): The award of 10% attorney's fees was justified under Article 2208(2) and (8) of the Civil Code. Article 2208(2) allows recovery when the defendant's act or omission has compelled the plaintiff to litigate or incur expenses to protect his interest. Article 2208(8) allows recovery in actions for indemnity under workmen's compensation and employer's liability laws. The necessity of Pastor filing a complaint to protect his interest and claim his rightful benefits warranted the award of attorney's fees.
Main Doctrine
A seafarer is deemed totally and permanently disabled if the company-designated physician fails to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days, and the seafarer's medical condition remains unresolved.