Unitra Maritime Manila v. Campanero
REITERATIONFacts
The Antecedents: Giovannie B. Campanero was hired as a Second Officer by Unitra Maritime Manila, Inc. for its foreign principal, VT Maritime Inc. While on board the vessel M/V Mount Akaboshi, Campanero experienced severe lower back pain and numbness in his right leg, which progressed to paraplegia, bowel, and bladder incontinence. He was diagnosed with arteriovenous malformation and ruptured intramedullary, requiring surgery and rehabilitation. Despite treatment, his condition did not improve, and he was deemed unfit for work with permanent disability. Independent medical examinations confirmed his severe spinal cord injury and permanent disability. Procedural History: The Labor Arbiter ruled in favor of Campanero, awarding him permanent and total disability compensation. However, the National Labor Relations Commission (NLRC) reversed this decision, finding Campanero not entitled to benefits because his illness was not work-related and he failed to comply with the mandatory referral to a third doctor. Campanero then filed a Petition for Certiorari with the Court of Appeals (CA), which reinstated the Labor Arbiter's decision, holding that the company-designated physician failed to provide a final and definitive assessment within the prescribed period, thus entitling Campanero to permanent and total disability benefits by operation of law. The Petition: Unitra Maritime Manila, Inc. and VT Maritime Inc. filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse the CA's decision. They argue that Campanero is not entitled to permanent and total disability benefits and other claims, asserting that his illness is not work-related, his employment contract is not covered by the cited Collective Bargaining Agreement (CBA), and he failed to comply with the mandatory procedure of referring the conflicting medical opinions to a neutral third doctor. The petitioners pray for the reinstatement of the NLRC's decision dismissing Campanero's complaint.
Issue(s)
Whether Campanero is entitled to total and permanent disability benefits. Whether Campanero can claim benefits under the Collective Bargaining Agreement (CBA).
Ruling
The petition is DENIED. The Decision dated September 18, 2017 and the Resolution dated March 26, 2018 of the Court of Appeals in CA-G.R. SP No. 147288 are AFFIRMED with MODIFICATION, entitling respondent Giovannie B. Campanero to receive solidarily from petitioners Unitra Maritime Manila, Inc. and VT Maritime Inc., total and permanent disability benefit, sickness allowance, attorney's fees, and legal interest.
Ratio Decidendi
On the entitlement to total and permanent disability benefits: The Supreme Court affirmed the CA's ruling that Campanero is entitled to total and permanent disability benefits. The Court reiterated that for an illness or injury to be compensable, it must be work-related and occur during the term of the employment contract. It emphasized the disputable presumption of work-relatedness for illnesses not listed in Section 32-A of the POEA-SEC, placing the burden on the employer to disprove it. The Court found a reasonable linkage between Campanero's work, which involved lifting heavy objects, and his spinal cord injury, noting that the illness emerged at the same time and spot as the disc hernia. The Court also highlighted that the company-designated physician failed to provide a final and definitive assessment of Campanero's disability within the 120-day or 240-day period. This failure, by operation of law, deemed Campanero totally and permanently disabled, thereby negating the need for referral to a third doctor. The Court stressed that incomplete or doubtful medical assessments from the company-designated physician are disregarded. On the claim from the Collective Bargaining Agreement (CBA): The Supreme Court affirmed Campanero's entitlement to benefits under the CBA. Given that the company-designated physician failed to issue a final and definitive assessment, Campanero was considered totally and permanently disabled by operation of law, which corresponds to a Grade 1 impediment (100% impediment) under the POEA-SEC. This classification entitled him to 100% compensation under the CBA for his position as 2nd Officer, amounting to US$127,932.00. The Court also upheld the award of sickness allowance, noting the absence of evidence of payment by the petitioners, and found that the amount of US$4,181.67 was consistent with the CBA provisions. Furthermore, the Court affirmed the award of attorney's fees and legal interest on the monetary awards.
Main Doctrine
The failure of the company-designated physician to issue a final and definitive assessment of a seafarer's fitness or degree of disability within the prescribed 120-day or 240-day period, as mandated by the POEA-SEC, automatically renders the seafarer totally and permanently disabled by operation of law, negating the need for referral to a third doctor.