Zonio v. 88 Aces Maritime Services
REITERATIONFacts
The Antecedents: Apolinario Z. Zonio, Jr. (Apolinario) was hired as an ordinary seaman by 88 Aces Maritime Services, Inc. (88 Aces) for its foreign principal, Khalifa A. Algosaibi Diving and Marine Services Co. (Khalifa Algosaibi). After completing his initial six-month contract, Apolinario entered into a new contract with Khalifa Algosaibi, which lasted until April 2012. In December 2010, Apolinario experienced dizziness and was diagnosed with high glucose and cholesterol. His condition improved with medication and lifestyle changes. In January 2012, his dizziness recurred with blurred vision, and he was diagnosed with diabetes mellitus and dyslipidemia. Upon repatriation on April 11, 2012, Apolinario was allegedly told by 88 Aces that they could not shoulder his medical expenses as his repatriation was due to contract completion. His illness recurred in August 2013, and he was diagnosed with diabetes mellitus by a local physician. A Municipal Health Officer declared him physically unfit to work due to hyperglycemia on March 17, 2015. Apolinario then demanded disability benefits, which were denied. Procedural History: Apolinario filed a complaint for disability benefits, sickness allowance, and attorney's fees. The Labor Arbiter ruled in his favor, finding his cause of action had not prescribed and his illness was work-related due to stress. The National Labor Relations Commission (NLRC) reversed this, finding the medical certificates too late and that Apolinario failed to establish work-relatedness and request a post-employment medical examination. The Court of Appeals (CA) affirmed the NLRC's decision, holding that Apolinario was no longer covered by the contract upon disembarkation and failed to undergo the required medical test. The Petition: Apolinario filed a Petition for Review on Certiorari before the Supreme Court, seeking to nullify the CA's decision and praying for payment of disability benefits, sickness allowance, and attorney's fees.
Issue(s)
Whether Apolinario's illness is work-related and compensable. Whether Apolinario complied with the reportorial requirement to undergo a post-employment medical examination within three working days from repatriation. Whether Apolinario's cause of action for disability benefits has prescribed.
Ruling
The Supreme Court reversed and set aside the Decision and Resolution of the Court of Appeals. Private respondents were held jointly and severally liable to pay Apolinario Z. Zonio, Jr. permanent total disability benefits, sickness allowance, and attorney's fees.
Ratio Decidendi
On the work-relatedness and compensability of the disease: The Court held that under Section 20(B)(4) of the 2000 POEA-SEC, illnesses not listed as occupational diseases are disputably presumed to be work-related. The respondents failed to present any evidence to overcome this presumption. The Court noted that stress, a common factor in a seafarer's life due to rush jobs, lack of sleep, and homesickness, can contribute to hyperglycemia and diabetes mellitus. Citing established jurisprudence, the Court found that Apolinario's work conditions, involving strenuous duties and exposure to physical and psychological stress, contributed to the development of his disease, making it compensable. The Court emphasized that it is not required for employment to be the sole factor, but only to have contributed, even in a small degree. On the reportorial requirement for post-employment medical examination: The Court found that while the three-day rule for post-employment medical examination is mandatory, exceptions exist, including when the employer refuses to provide the examination. Apolinario alleged he reported to 88 Aces and requested referral to a company physician but was denied. Given Apolinario's recurring medical condition prior to repatriation, the Court found it dubious that he did not request the examination and was inclined to believe his claim. The respondents failed to present evidence that Apolinario was referred to a company-designated physician. In the absence of a company-designated physician's assessment, the law presumes the disability as total and permanent. On the termination of contract and prescriptive period to file claims: The Court clarified that a seafarer's contract ends upon arrival at the point of hire after signing off. Apolinario arrived at the point of hire on April 11, 2012. The prescriptive period for filing claims is three years from the date the cause of action arises, which is the date of disembarkation. Thus, Apolinario had until April 11, 2015, to file his claim. His request for Single Entry Approach (SENA) before the NLRC on March 25, 2015, was considered the institution of his claim, which was well within the prescriptive period.
Main Doctrine
The presumption of work-relatedness for an illness not listed as an occupational disease under the POEA-SEC can be overcome by the employer presenting evidence to the contrary. Failure to undergo a post-employment medical examination within three working days from repatriation results in forfeiture of benefits, unless the seafarer is incapacitated or the employer refuses to provide the examination. The prescriptive period for filing claims for disability benefits begins from the seafarer's disembarkation from the vessel.