Martinez v. OSG Ship Management Manila, Inc.
REITERATIONFacts
The Antecedents: Joseph Martinez was engaged as Chief Cook on board the vessel MT Overseas Antigmar. During the first week of June 2014, he complained of severe abdominal pain, was diagnosed with Obstructed Descending Colon Cancer in Seoul, Korea, and repatriated on June 16, 2014. Company-designated doctors diagnosed him with Intestinal Obstruction Secondary to Well Differentiated Mucinous Adenocarcinoma, Descending Colon with Periocolic Involvement, opining it was "likely not work-related" due to risk factors like age, diet, and genetic predisposition. Martinez underwent outpatient treatment and chemotherapy. Procedural History: On November 17, 2014, Martinez filed a complaint for total and permanent disability benefits, sick wages, medical and transportation expenses, damages, and attorney's fees. The Labor Arbiter (LA) ruled in favor of Martinez, awarding permanent total disability benefits, sick wage allowance, medical and travel expenses, and attorney's fees. The National Labor Relations Commission (NLRC) affirmed the LA's decision. The Court of Appeals (CA) sustained the NLRC's finding that Martinez' illness was work-related and compensable, granting permanent and total disability benefits but deleting the awards for sick wage allowance, medical and travel expenses, and attorney's fees. Both parties filed motions for reconsideration, which were denied. The Petition: OSG Ship Management Manila, Inc. (substituted by Pacific Ocean Manning, Inc.), OSG Ship Management (GR) Ltd., and Ms. Ma. Cristina H. Garcia (collectively, OSG) filed a Petition for Review on Certiorari, questioning the CA's award of full and permanent disability benefits despite the company-designated physician's findings and arguing that Martinez had no cause of action at the time of filing.
Issue(s)
Whether the Court of Appeals committed serious and reversible error of law in awarding full and permanent disability benefits, disregarding the medical findings of the company-designated physician and awarding full disability compensation under the POEA Contract and the Collective Bargaining Agreement (CBA). Whether Martinez had a cause of action at the time of filing his complaint.
Ruling
The Court resolved to DENY the petition filed by OSG Ship Management Manila, Inc., Pacific Ocean Manning, Inc., OSG Ship Management (GR) Ltd., and Ms. Ma. Cristina H. Garcia in G.R. No. 237378. The Decision of the Court of Appeals dated August 17, 2017, and the Resolution dated February 6, 2018, in CA-G.R. SP No. 145338 are AFFIRMED.
Ratio Decidendi
On the award of full and permanent disability benefits and the medical findings of the company-designated physician: The Court held that the petition is limited to questions of law, and factual findings of the NLRC, when affirmed by the CA, are generally conclusive. The Court found no reversible error on the part of the CA in declaring that the NLRC did not commit grave abuse of discretion. The CA correctly ruled that the findings of the LA, as affirmed by the NLRC, that Martinez' colon cancer is work-related or work-aggravated is supported by substantial evidence. The certification by the company-designated doctors that Martinez' illness is "likely not work-related" was deemed uncertain and incomplete. The Court emphasized that to establish compensability of a non-occupational disease, reasonable proof of work-connection, not direct causal relation, is required, and probability, not ultimate certainty, is the test. Given Martinez' long employment history with the respondents, his diet consisting of frozen, fatty, and salty food, and the fact that he was found fit for sea duty prior to this contract, his illness was considered essentially work-related or work-aggravated. The Court also gave more credence to Martinez' claim regarding his diet over the general statement of the Messman, consistent with the policy of resolving doubts in favor of the laborer. On whether Martinez had a cause of action at the time of filing his complaint: The Court found no merit in the contention that Martinez had no cause of action. It clarified that a seafarer need not consult a private doctor and secure a certification of total and permanent disability before filing a complaint. Under the Labor Code and the Amended Rules on Employees' Compensation, a temporary total disability continuously lasting for more than 120 days is considered total and permanent, unless there is a justified extension of medical attendance up to 240 days, which must be supported by significant acts by the company-designated physician. In this case, Martinez was repatriated on June 16, 2014, and by November 17, 2014 (154 days later), no medical certificate indicating a final assessment or extension of treatment was issued by the company-designated doctors. Therefore, by operation of law, his illness was deemed permanent and total by the expiration of the 120-day period. The presumption that an injury or illness during employment is work-related remained unrebutted by the company-designated doctor's incomplete report. Thus, Martinez had a valid cause of action when he filed his complaint.
Main Doctrine
A seafarer's temporary total disability lasting continuously for more than 120 days, without a justified extension by the company-designated physician, is conclusively presumed to be total and permanent, entitling the seafarer to permanent and total disability benefits. The presumption that an injury or illness during employment is work-related stands unless rebutted by conclusive evidence.