Bacabac v. NYK-FIL Shipmanagement, Inc.
REITERATIONFacts
The Antecedents: Joemar Babiera Bacabac (Joemar) was hired as an oiler by NYK-FIL Shipmanagement Inc. for its principal NYK Shipmanagement Pte Ltd. (respondents) and deployed on board the vessel MV IKI. While performing his duties, Joemar experienced dizziness and abdominal pain, which persisted and led to loss of appetite. Upon arrival at a port in Chile, he vomited blood and was hospitalized, diagnosed with kidney dysfunction, and underwent dialysis and surgery for bile duct stones. He was confined for over two months. Joemar was medically repatriated and brought to Manila Doctor's Hospital, where he underwent further procedures. The company-designated physician diagnosed him with Severe Acute Cholangitis and declared it not work-related. Joemar was discharged and the respondents covered all treatment costs. Procedural History: Joemar filed a complaint for total and permanent disability benefits, sickness allowance, and damages. The labor arbiter awarded him full disability benefits and sickness allowance, presuming the illness to be work-related. The respondents appealed to the National Labor Relations Commission (NLRC), which reversed the arbiter's decision, dismissing the complaint for lack of merit, citing the company physician's categorical statement that the ailment was not work-related and Joemar's failure to establish a causal connection. The Petition: Joemar appealed to the Court of Appeals (CA), which affirmed the NLRC's ruling, emphasizing that Joemar had the burden to show the causal connection, especially since his illness was not listed as an occupational illness under the POEA-SEC. The CA found no sufficient evidence to support Joemar's claim and noted that the company-designated physician declared him fit for sea duty. Joemar filed a petition for review on certiorari with the Supreme Court.
Issue(s)
Whether Joemar is entitled to total and permanent disability benefits and sickness allowance. Whether Joemar's illness, Severe Acute Cholangitis, is disputably presumed to be work-related, and whether the company-designated physician's assessment was sufficient to overcome the presumption of work-relatedness. Whether the company-designated physician provided a complete and definite assessment of Joemar's condition within the prescribed period, and the consequences of failing to do so. Whether Joemar is entitled to moral and exemplary damages and attorney's fees.
Ruling
The petition is meritorious. The Supreme Court reversed the Court of Appeals' decision, reinstated the Labor Arbiter's judgment with modification, and ordered the respondents to pay Joemar US$62,256.00 representing full disability benefits and sickness wages, plus ten percent (10%) thereof as attorney's fees. The total monetary award shall earn interest at the rate of six percent (6%) per annum from the date of finality of the decision until fully paid.
Ratio Decidendi
On the entitlement to total and permanent disability benefits and sickness allowance: The Court held that Joemar's illness, Severe Acute Cholangitis, manifested during the term of his contract while he was on board the vessel. Under Section 20(A)(4) of the POEA-SEC, illnesses not listed in Section 32 are disputably presumed to be work-related if suffered during the term of the contract. This presumption arises because the seafarer is under the employer's direct supervision and control at the time the illness manifests. Therefore, the burden shifted to the respondents to prove that Joemar's illness was not work-related. Joemar is also entitled to sickness allowance as he suffered illness during the contract term and the company physician failed to provide a valid assessment. The labor arbiter correctly awarded this benefit. On the work-relatedness of Joemar's illness and the sufficiency of the company-designated physician's assessment: The Court found that Joemar's illness manifested during his employment contract, triggering the disputable presumption of work-relatedness. The respondents' sole basis for claiming the illness was not work-related was the opinion of the company-designated physician. However, the Court found this assessment inadequate to overcome the presumption. The Court emphasized that the company physician's assessment must be complete, definite, and truly reflect the extent of the seafarer's sickness and capacity to resume work. In this case, the medical report only provided a diagnosis of Severe Acute Cholangitis and a bare conclusion that it was not work-related, without explaining the basis for this finding. Furthermore, the report was issued only two days after repatriation, while Joemar remained confined for another month, casting doubt on the physician's assessment of fitness for duty. The Court reiterated that a bare claim of unfitness or non-work-relatedness is insufficient. On the entitlement to permanent and total disability based on the company physician's assessment: Since the company physician failed to provide a valid and complete medical assessment within the 120-day period (or 240-day period if applicable), Joemar is deemed totally and permanently disabled as of the expiration of the 120-day period from his repatriation. The law steps in to conclusively consider his disability as total and permanent in the absence of a valid certification from the company physician. Consequently, Joemar had no obligation to secure a second opinion from his own doctor. On the entitlement to moral and exemplary damages and attorney's fees: Attorney's fees were warranted because Joemar was compelled to litigate to protect his interests.
Main Doctrine
When a seafarer's illness manifests or is discovered during the term of his contract, it is disputably presumed to be work-related, and the employer bears the burden of proving otherwise. A bare claim by the company-designated physician that the illness is not work-related, without sufficient justification and supporting medical findings, is insufficient to overcome this presumption.