Hernandez v. Sealion Maritime Services
MODIFICATIONFacts
The Antecedents: Francisco R. Hernandez (Hernandez) was repeatedly hired as a seaman by Oil Marketing Corp. (OMC) from December 2004 to October 2015. On July 3, 2014, he was hired for a six-month term on board the towing vessel "m-104". Upon arrival at the Persian Gulf, he was made to sign another contract for one year. In March 2015, two months after his Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC) expired, Hernandez experienced severe upper abdominal pain, loss of appetite, nausea, and fever. He was diagnosed with ulcer and stomach infection in Bahrain. In October 2015, his abdominal pain worsened, and he was diagnosed with acute pancreatitis with pseudocyst and confined from October 5-14, 2015. He was repatriated to the Philippines on October 21, 2015, without a promised medical escort. The next day, he was brought to Golden Gate General Hospital (Golden Gate) where he was prescribed medication for tuberculosis, as he was coughing blood. He was confined at Golden Gate from October 30 to November 13, 2015, and diagnosed with splenic/hepatic abscess, acute pancreatitis, and pulmonary tuberculosis (PTB), undergoing surgery. An independent doctor, Dr. Marinela M. Cailipan, diagnosed Hernandez with a Grade 1 disability, stating he was no longer fit for seaman duty due to the risk of triggering another acute pancreatitis. Procedural History: Hernandez filed a complaint for total permanent disability compensation with the Labor Arbiter (LA). The LA granted the complaint, ordering respondents to pay disability benefits, sickwage allowance, medical expenses, damages, and attorney's fees. The National Labor Relations Commission (NLRC) reversed the LA's decision, deleting the awards for total permanent disability benefits and moral and exemplary damages, but upholding sickness allowance and medical reimbursement. The Court of Appeals (CA) affirmed the NLRC's ruling. Hernandez filed a Petition for Review on Certiorari with the Supreme Court. The Petition: Hernandez prays for the reinstatement of the LA's Decision, arguing that respondents failed to overturn the presumption that his illness is work-related and that his incapacity to work after 120 days from repatriation automatically entitles him to total permanent disability compensation.
Issue(s)
Whether Hernandez complied with the 3-day reportorial requirement under the POEA-SEC. Whether Hernandez sufficiently proved the work-relatedness and compensability of his acute pancreatitis. Whether Hernandez is entitled to total permanent disability compensation.
Ruling
The petition is meritorious. The Supreme Court reversed and set aside the Decision of the Court of Appeals and reinstated the Decision of the Labor Arbiter. The monetary awards shall earn a legal interest of six percent (6%) per annum from the finality of the Decision until full payment.
Ratio Decidendi
On the 3-day reportorial requirement: The Court found that Hernandez complied with the 3-day reportorial requirement. Respondents were aware of Hernandez's condition from his confinement in Bahrain and were informed of his immediate consultation and surgery in the Philippines. The respondents' instruction to collate medical bills for reimbursement estopped them from raising the issue of Hernandez's failure to strictly comply with the 3-day period. Their inaction after being notified of Hernandez's condition was interpreted as an act of abandonment, an exception to the 3-day requirement. On the work-relatedness and compensability of acute pancreatitis: The Court held that Hernandez's acute pancreatitis is disputably presumed to be work-related under Section 20(A)(4) of the 2010 POEA-SEC, as he contracted the sickness during his employment. The Court further ruled that the disputable presumption of work-relatedness should automatically include a corollary disputable presumption of compensability. The conditions listed under Section 32-A of the 2010 POEA-SEC are presumed to be satisfied. The medical certificate issued by the company-designated physician was not clear and convincing evidence to disprove this presumption, as it was issued beyond the 120-day period and contained "significant findings" without further explanation. On entitlement to total permanent disability compensation: The Court reiterated that the absence of a valid final and definitive assessment by the company-designated physician within the 120-day period transforms the seafarer's disability into total and permanent by operation of law. The medical certificate issued by the company-designated physician was considered hastily issued and did not expressly clear Hernandez of pancreatitis. The Pulmonary Evaluation did not prove clearance of pancreatitis. Therefore, Hernandez is entitled to total permanent disability compensation.
Main Doctrine
The disputable presumption of work-relatedness should automatically include a corollary disputable presumption of compensability. Otherwise, the presumption of work-relatedness would serve no purpose if the seafarer were still required to submit further proof of entitlement to disability compensation. The conditions listed under Section 32-A of the 2010 POEA-SEC are presumed to be satisfied given that the injury or illness occurred during the seafarer's term of employment.