Avior Marine v. Turreda
REITERATIONFacts
The Antecedents: Respondent Arnaldo R. Turreda was hired as Chief Cook by petitioner Avior Marine, Inc. and its agents. During his employment, he experienced severe headaches and was diagnosed with migraine, leading to his repatriation. Upon arrival in the Philippines, he was examined by the company-designated physician, who diagnosed him with sinus bradycardia and aortic valve sclerosis, but subsequently issued a certificate of fitness to work. Respondent consulted his own doctor, who diagnosed him with hypertensive cardiovascular disease, mitral regurgitation, and migraine headache, certifying him as unfit to resume work as a seaman. Despite the company-designated physician's fitness certification, petitioners did not redeploy him. Respondent filed a complaint for disability benefits. Procedural History: The Labor Arbiter dismissed respondent's complaint. The National Labor Relations Commission (NLRC) reversed the Labor Arbiter's decision, finding respondent entitled to total and permanent disability benefits. The Court of Appeals (CA) affirmed the NLRC's ruling. The Petition: Petitioners seek to set aside the CA's decision, arguing that the illness was not work-related or aggravated by employment, and that the company-designated physician's assessment should prevail.
Issue(s)
Whether the illness suffered by respondent on board the vessel Water Phoenix is work-related or aggravated by his employment. Whether the medical assessment given by the company-designated physician is complete and definitive.
Ruling
The petition is denied for lack of merit. The Decision dated August 16, 2019, and the Resolution dated November 27, 2019, of the Court of Appeals in CA-G.R. SP No. 157335 are affirmed.
Ratio Decidendi
On whether the illness suffered by respondent on board the vessel Water Phoenix is work-related or aggravated by his employment: The Court found that respondent's hypertensive cardiovascular disease is considered an occupational disease under Section 32(A)(11) of the POEA-SEC. The fact that he was declared fit during pre-employment medical examination and subsequently developed symptoms while on board, coupled with the prescribed medications for high blood pressure, indicated that the disease was acquired during employment. The Court applied Section 32(A)(11)(c) of the POEA-SEC, which presumes a causal relationship when a seafarer, apparently asymptomatic before work, shows signs and symptoms of cardiac injury during employment. Petitioners failed to present countervailing evidence to overcome this presumption of compensability. The Court noted that the immediate medical repatriation due to severe headaches, even if initially diagnosed as migraine, suggested a more serious underlying condition. On whether the medical assessment given by the company-designated physician is complete and definitive: The Court held that the company-designated physician's assessment was neither final, complete, nor definitive. The physician issued a certificate of fitness to work only three weeks after advising respondent to continue medication for high blood pressure and a day after diagnosing him with hypertension, dyslipidemia, hyperuricemia, sinus bradycardia, and aortic valve sclerosis. Furthermore, the physician did not issue any document confirming the resolution of respondent's health problems. The medical reports were unsigned, and crucial supporting documents like laboratory results were not attached. This haste and lack of proper documentation rendered the assessment doubtful and insufficient. Consequently, by operation of law, the respondent's temporary and total disability became permanent and total, entitling him to disability benefits.
Main Doctrine
The failure of the company-designated physician to issue a final, complete, and definitive disability assessment, supported by medical reports, renders the seafarer's temporary and total disability permanent and total by operation of law, entitling them to full disability benefits. The employer bears the burden of initiating the third-doctor referral process when there is a dispute in medical assessments.