Jebsens Maritime, Inc. v. Alcibar
REITERATIONFacts
The Antecedents: Jessie D. Alcibar (Alcibar), an ordinary seaman, was hired by Jebsens Maritime, Inc. (petitioners) on behalf of its principal. He underwent a pre-employment medical examination and was declared fit. While on board the vessel M/V Maritime Victory, Alcibar alleged that the meals served were high in fat and cholesterol, and the cook prepared chilled meat without thawing. In February 2011, Alcibar experienced severe anal pain and blood in his stool. He reported this to senior officers but claimed he was ignored and not given medicine. In March 2011, while docked in Canada, he was diagnosed with internal hemorrhoids. He continued his duties but his condition worsened, and he requested repatriation, which was delayed until a replacement was available. He was repatriated on April 5, 2011. Upon arrival, he reported his deteriorating health to petitioners, who stated his request for medical assistance needed management approval and they would call him. Alcibar then went to his province for his mother's interment and claimed he received no call from petitioners. On May 7, 2011, he was examined at AMOSUP Seamen's Hospital and diagnosed with rectal cancer (colon cancer). He underwent surgery and was confined from May 24 to June 10, 2011. Alcibar filed a complaint for permanent disability compensation, sickness allowance, and damages, alleging his illness was caused by the dietary provisions at sea. Procedural History: The Labor Arbiter ruled in favor of Alcibar, finding his illness compensable and ordering petitioners to pay disability benefits, sickness allowance, and attorney's fees. The National Labor Relations Commission (NLRC) reversed this, holding that colon cancer is not work-related and Alcibar failed to comply with the post-employment medical examination requirement. Alcibar's motion for reconsideration was denied. The Court of Appeals (CA) granted Alcibar's petition for certiorari, reversing the NLRC and reinstating the Labor Arbiter's decision, holding that colon cancer is disputably presumed work-related, and Alcibar substantially complied with the medical examination requirement, with petitioners being negligent. Petitioners' motion for reconsideration was denied. The Petition: Petitioners filed a petition for review on certiorari before the Supreme Court, assailing the CA's decision.
Issue(s)
Whether Alcibar's illness is compensable, considering compliance with post-employment medical examination. Whether colon cancer is a compensable work-related illness under the POEA Standard Employment Contract. Whether Alcibar's colon cancer was established as work-related by substantial evidence, considering dietary provisions and pre-existing conditions. Whether the petitioners forfeited their right to a company physician's declaration as a defense.
Ruling
The petition is denied. Alcibar is entitled to disability benefits and sickness pay. The Supreme Court affirmed the decision of the Court of Appeals.
Ratio Decidendi
On the issue of compliance with post-employment medical examination and compensability: The Court held that Alcibar substantially complied with the requirements. He immediately reported to petitioners upon repatriation and was willing to undergo a post-employment medical examination. However, it was the petitioners who waived their right to have Alcibar examined by their company-designated physician by failing to schedule the examination after Alcibar's request. The Court reiterated that the rationale for the post-employment medical examination is for the company-designated physician to determine if the illness is work-related, and the employer is given the first opportunity to do so. By failing to schedule the examination, petitioners forfeited their right to use the absence of a company physician's declaration as a defense. Therefore, the fault lay with the petitioners, not Alcibar, for the non-observance of the provisions of the POEA Standard Employment Contract and the CBA. On the compensability of colon cancer as a work-related illness: The Court disagreed with petitioners' argument that colon cancer is not compensable because it did not arise from an accident. Citing Section 32-A of the POEA Standard Employment Contract, the Court noted that for an occupational disease to be compensable, the seafarer's work must involve the risk, the disease must be contracted due to exposure to such risks, and there must be no notorious negligence. The Court referred to previous rulings, such as Leonis Navigation Co., Inc. v. Villamater, which held that colon cancer is a work-related disease under Section 32-A if the conditions on board the vessel increased or aggravated the risk of contracting it. The Court emphasized that diets high in fat and cholesterol, as alleged by Alcibar, are known factors that increase the risk of colorectal cancer, and if these were the provisions served on board, they could have aggravated Alcibar's condition. On whether Alcibar's colon cancer is work-related based on substantial evidence: The Court found that Alcibar established the work-relatedness of his colon cancer through substantial evidence. Alcibar alleged that the poor dietary provisions (high-fat, high-cholesterol, low-fiber foods) served on board increased his risk of contracting rectal cancer. Crucially, petitioners did not specifically deny this allegation in their pleadings, which, under Section 11 of Rule 8 of the Rules of Court, is deemed admitted. Furthermore, Alcibar suffered from internal hemorrhoids during his employment, a condition aggravated by poor diet, as indicated by a medical report from Canada recommending a high-fiber, low-fat diet. The existence of internal hemorrhoids was also admitted by petitioners. The subsequent diagnosis of rectal carcinoma stage 2A and the surgery performed further supported his claim. The Court concluded that the conditions at sea contributed to Alcibar's colon cancer, at the very least aggravating his risk, aligning with the ruling in Villamater. On the forfeiture of the right to a company physician's declaration: By failing to schedule the examination, petitioners forfeited their right to use the absence of a company physician's declaration as a defense.
Main Doctrine
A seafarer's colon cancer is a compensable work-related illness if the conditions on board the vessel aggravated the risk of contracting it, and the employer's failure to schedule a post-employment medical examination constitutes a waiver of their right to contest the claim on that basis.