CASE DIGEST: Paringit v. Global Gateway Crewing Services Inc.

OSCAR M. PARINGIT, PETITIONER, VS. GLOBAL GATEWAY CREWING SERVICES, INC.,^* MID-SOUTH SHIP AND CREW MANAGEMENT, INC., AND/OR CAPTAIN SIMEON FLORES, RESPONDENTS.

G.R. No. 217123

February 06, 2019

Doctrine(s): Compensation of work-related illness

Facts:

On June 1, 2010, Paringit entered into a six (6)-month employment contract with Mid-South Ship and Crew Management, Inc., representing Seaworld Marine Services, S.A. He was employed as Chief Mate of the Panaman vessel Tsavliris. Prior to his deployment, Paringit underwent a pre­-employment medical examination, where he disclosed that he had high blood pressure. Still, he was declared fit for duty.

A few months later, Paringit began to feel constantly fatigued and stressed. He also noticed blood in his feces beginning October 1, 2011.

On January 13, 2012, when the vessel docked at the port of Las Palmas, Spain, Paringit was rushed to the intensive care unit of Clinica Perpetuo Socorro, where he underwent blood transfusion.

On January 14, 2012, Paringit was discharged from the intensive care unit with a diagnosis of: "Decompensated cardiac insufficiency. Severe anemia. Renal dysfunction.” He was soon medically repatriated and arrived in Manila on February 9, 2012.

On February 13, 2012, Paringit was admitted to the YGEIA Medical Center for evaluation and management. He again underwent blood transfusion and was placed on medication.

On February 20, 2012, Paringit was discharged from the hospital with a working diagnosis of: "Congestive Heart Failure; Hypertensive Cardio Vascular Disease[;] Valvular Heart Disease; Anemia Secondary to Upper GI Bleeding Secondary to Bleeding Peptic Ulcer Disease[.]" Dr. Maria Lourdes A. Quetulio, the company-designated physician, prescribed Paringit's medication and advised him to return to the hospital on February 29, 2012 for his check-up.

On February 29, 2012, after his check-up, Dr. Quetulio advised Paringit to continue his prescribed medication and referred him to a valvular heart specialist for further management. She also advised him to return for his follow-up check-up on March 5, 2012.

On March 2, 2012, Paringit consulted a valvular heart specialist at the Philippine Heart Center who advised him to have a repeat 2D echocardiogram and coronary angiography.

On March 5, 2012, Dr. Quetulio noted that Paringit was a candidate for open heart surgery. She also advised him to continue his medication while waiting for his employer's go signal on his recommended procedures.

Paringit underwent repeat 2D echocardiogram, which showed that he had a severe valvular problem. The cardiologist who examined him recommended that he undergo open heart surgery for valve replacement or repair, with possible coronary bypass graft.

On March 22, 2012, Paringit underwent a coronary angiography. While the procedure revealed that he had no blocked coronary vessels, the attending cardiologist opined that he still had to undergo open heart surgery for valve replacement or repair. Dr. Quetulio again advised him to continue his medication while awaiting his employer's approval of the recommended open-heart surgery.

By April 30, 2012, Paringit was still waiting for his employer's decision on his open-heart surgery.

On May 18, 2012, Dr. Quetulio noted that Paringit hesitated to undergo the recommended open-heart surgery and wanted to undergo a herbal treatment instead.

On June 4, 2012, Paringit consulted Dr. May S. Donato-Tan, a cardiologist at the Philippine Heart Center. After evaluating Paringit and reviewing the results of his laboratory examinations, Dr. Donate­-Tan concluded that with his heart condition, he would need regular medication, further laboratory procedures, and periodic check-ups with a cardiologist to prevent any aggravation of his illness. She declared him to be permanently disabled and unfit for duty as a seaman.

On June 11, 2012, Paringit filed a Complaint for medical expenses and other money claims against Global Gateway Crewing Services, Inc., Mid-South Ship & Crew Management, Inc., Seaworld Marine Services, S.A., and Captain Simeon Flores, president of Global Gateway.

On June 13, 2012, Paringit executed a quitclaim, where he acknowledged receiving US$6,636.70 from St. Tsavliris Hellas as his sickness allowance from February 8, 2012 to June 8, 2012.

On June 18, 2012, Dr. Quetulio informed Global Gateway that Paringit seemed hesitant to undergo the recommended operation and instead opted for herbal treatment. She also stated that Paringit's heart condition was pre­existing, not work-related.

Issue: Whether or not Paringit is entitled to claim disability benefits

Ruling:

Yes.

To grant a seafarer's claim for disability benefits, the following requisites must be present:

(1) [H]e suffered an illness; (2) he suffered this illness during the term of his employment contract; (3) he complied with the procedures prescribed under Section 20-B; (4) his illness is one of the enumerated occupational disease[s] or that his illness or injury is otherwise work-related; and (5) he complied with the four conditions enumerated under Section 32-A for an occupational disease or a disputably-presumed work-related disease to be compensable.

 

The Philippine Overseas Employment Administration Standard Employment Contract (POEA Standard Employment Contract) defines a work-related illness as "any sickness as a result of an occupational disease listed under Section 32-A of this Contract with the conditions set therein satisfied."

In determining the compensability of an illness, it is not necessary that the nature of the employment be the sole reason for the seafarer's illness. A reasonable connection between the disease and work undertaken already suffices:

Settled is the rule that for illness to be compensable, it is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the seafarer. It is sufficient that there is a reasonable linkage between the disease suffered by the employee and his work to lead a rational mind to conclude that his work may have contributed to the establishment or, at the very least, aggravation of any pre-existing condition he might have had.

 

The seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition.

A temporary total disability only becomes permanent when so declared by the company physician within the periods he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or the existence of a permanent disability. In the present case, while the initial 120-day treatment or temporary total disability period was exceeded, the company-designated doctor duly made a declaration well within the extended 240-day period that the petitioner was fit to work. Viewed from this perspective, both the NLRC and CA were legally correct when they refused to recognize any disability because the petitioner had already been declared fit to resume his duties. In the absence of any disability after his temporary total disability was addressed, any further discussion of permanent partial and total disability, their existence, distinctions and consequences, becomes a surplusage that serves no useful purpose.

Based on the history, Physical examinations and laboratory examination, the patient suffers from mitral valve prolapse with severe mitral regurgitation and severe tricuspid regurgitation. Medications will need to be adjusted and further laboratories be done to prevent progression of signs and symptoms. Lifestyle medication is also advised. A consult with his cardiologist is warranted to control further recurrence of symptom as well as further deterioration caused by his present condition. His persistent symptoms hinder him from sufficiently performing his work as a seaman. He is therefore given permanent disability and declared unfit for duty in whatever capacity as a seaman.

The POEA Standard Employment Contract spells out the conditions for compensability. Here, the compensability of petitioner's condition is clear; however, instead of fulfilling its responsibilities, respondent Global Gateway delayed his treatment and raised technical procedural barriers that were clearly unwarranted.

Shipowners who avail of Filipino hands on their decks take on the obligations of their contracts. Their crew members risk their lives and spend inordinate amounts of time attending to their businesses. Here, it would have been a measure of good business practice and a show of justice for respondents to have promptly attended to the people that make their businesses possible.