Ampolitod v. Top Ever Marine Management Phils.
REITERATIONFacts
The Antecedents: Rudy T. Ampolitod (Ampolitod) was hired as an Able-Bodied Seaman by Top Ever Marine Management Phils. Inc. (Top Ever) for TEMM Maritime Company, Ltd. (TEMM Maritime). He had been continuously rehired since 2009. Prior to his deployment on June 27, 2015, he was given a clean bill of health. On August 25, 2015, he joined the vessel "M/V" Coral Opal. In October 2015, he experienced dizziness, weakness, and fatigue. Medical results showed a platelet count of 51 L. Subsequently, he noticed bruising, experienced dizziness, and blurred vision. He was diagnosed with Thrombocytopenia and declared unfit to work, leading to his repatriation on October 29, 2015. He was admitted to Manila Doctors Hospital, where he was treated until November 21, 2015. The company-designated physician's impression was Pancytopenia Secondary to Idiopathic Thrombocytopenia Purpura, compatible with Myelodysplastic Syndrome (MDS), confirmed by a bone marrow biopsy. Cytogenetic analysis showed the illness was not genetic. Ampolitod admitted to a prior episode of Isolated Anemia in June 2015. His treatment continued until May 2016, after which his CBC showed normal results, and he was declared fit to work, though advised to continue monitoring his CBC. Despite this, his subsequent CBC results from January 2016 to August 2017 consistently showed below-normal results, particularly his platelet count. He continued to suffer from dizziness and bruising. His personal physician, Dr. Alisa Q. Queja, declared him "Not fit to work" in September 2017, and another physician, Dr. May S. Donato-Tan, declared him permanently disabled. Procedural History: On November 3, 2017, Ampolitod filed a complaint for permanent total disability benefits. The parties agreed to refer the matter to a third doctor, Dr. Ivy Mae Escasa, who confirmed Ampolitod's MDS, recommended he not work as a seafarer, but did not state the illness was work-related. The Labor Arbiter (LA) ruled in favor of Ampolitod, awarding total and permanent disability benefits, finding his illness work-related due to exposure to chemicals. The National Labor Relations Commission (NLRC) reversed the LA's decision, dismissing the complaint for lack of merit, holding that Ampolitod failed to prove a causal connection between his illness and his work, as MDS is not an listed occupational disease and he did not prove increased risk. The Court of Appeals (CA) affirmed the NLRC's ruling. The Petition: Ampolitod filed a Petition for Review on Certiorari before the Supreme Court, assailing the CA's decision.
Issue(s)
Whether the Court of Appeals erred in affirming the NLRC's dismissal of Ampolitod's claim for total and permanent disability benefits, and whether Ampolitod's illness, Myelodysplastic Syndrome (MDS), is work-related and compensable. Whether Ampolitod is entitled to total and permanent disability benefits.
Ruling
The Supreme Court granted the Petition for Review on Certiorari, reversed and set aside the Decision of the Court of Appeals and the Resolution of the National Labor Relations Commission, and reinstated the Decision of the Labor Arbiter with modification. Respondents Top Ever Marine Management Phils., Inc., TEMM Maritime Co. Ltd. and Oscar Orbeta were ordered to jointly and severally pay Rudy T. Ampolitod the amount of USD 60,000.00, plus 10% attorney's fees amounting to USD 6,000.00, all in its peso equivalent at the time of payment. The said amounts shall earn legal interest at the rate of 6% per annum from finality of the Decision until full payment.
Ratio Decidendi
On the issue of work-relatedness and compensability of MDS: The Court found that Ampolitod was able to establish that his Myelodysplastic Syndrome (MDS) was work-related. While MDS is not listed as an occupational disease under Section 32-A of the 2010 POEA-SEC, Section 20(A)(4) provides a disputable presumption that illnesses not listed are work-related. However, this presumption does not automatically grant compensation; the seafarer must still prove compliance with the conditions for compensability. The Court noted that Ampolitod's duties as an Able Seaman involved chipping rust and painting the deck, exposing him to industrial solvents, cleaning agents, and chemicals, including benzene. Despite the respondents' claim of only two months of exposure before symptoms manifested, the Court considered Ampolitod's continuous rehiring for six years, performing similar functions, making it highly probable that his work contributed to the development or aggravation of his MDS. Furthermore, the cytogenetic analysis showing his MDS was not genetic supported this conclusion. The Court reiterated that for a non-occupational disease to be compensable, substantial evidence must show that the risk of contracting the illness was aggravated by working conditions, and it is enough that employment contributed even in a small degree. On the entitlement to total and permanent disability benefits: The Court ruled in favor of Ampolitod, finding him entitled to total and permanent disability benefits. The Court applied the rules on the company-designated physician's medical assessment, stating that if no final assessment is issued within 120 days (or 240 days with justification), the disability becomes permanent and total. Ampolitod was never furnished a copy of the supposed Final Disability Assessment dated January 20, 2016, within the prescribed period; he only received it during the Single Entry Approach proceedings. This assessment was also not attached to the respondents' submissions. Moreover, the Court found serious doubt as to its credibility, as subsequent CBC results from January to May 2016 consistently showed below-normal blood counts, particularly platelet counts, contradicting the claim that he was cleared and fit to work. The third doctor, Dr. Escasa, also recommended that Ampolitod not be allowed to work as a seafarer due to the need for close monitoring and potential for bleeding. The Court concluded that in the absence of a proper notice of a final medical assessment, the law presumes total and permanent disability. The grant of such benefits does not require absolute helplessness but rather the inability to substantially pursue one's gainful occupation without serious discomfort, pain, or danger.
Main Doctrine
A seafarer's entitlement to disability benefits requires proof that the illness is work-related and contracted during employment. For illnesses not listed in the POEA-SEC, while there's a disputable presumption of work-relatedness, the seafarer must still prove compliance with the conditions for compensability, including that the employment contributed to the illness's development or aggravation. A final, definite, and conclusive medical assessment from the company-designated physician, furnished to the seafarer within the prescribed period, is crucial; absent this, total and permanent disability may be presumed.