CASE DIGEST: Ceriola v. Naess Shipping Philippines Inc.

 


NICANOR CERIOLA, petitioner, vs. NAESS SHIPPING PHILIPPINES, INC., MIGUEL OCA and/or KUWAIT OIL TANKER, respondents
G.R. No. 193101                |              April 20, 2015

FACTS:

After completing his employment contract onboard the vessel “Gas Al Ahmadi,” petitioner reported to respondent for extensive medical examination, where he was then diagnosed to be suffering from early stage of “Lumbar Spondylosis.”

Despite the diagnosis, petitioner was declared “fit to work” and was deployed for onboard the vessel “Gas Al Burgan” from July 8, 2000 – April 12, 2001. As per standard procedure, petitioner underwent medical examination because he was experiencing severe back pains. The results of the medical examination indicated that the dislocation of petitioner’s lumbar vertebrae had aggravated. However, considering that his prior medical clearance in the year 2000 of “fit to work” was effective for 2 years, petitioner was redeployed onboard “Gas Al Burgan” from July 7, 2001 – April 12, 2002.

Three different certifications come up, respectively supporting the assertions of either the petitioner or respondents:

1.       Results of petitioner’s medical consultation from 11 June 2002 to 1 April 2003 which declared petitioner “unfit to work” due to a work-related injury or ailment, offered in evidence by petitioner

2.       Results of petitioner’s medical examination after expiration of his last contract on 12 April 2002 which declared him “fit to work,” and submitted by respondents NAESS Shipping Philippines, Inc., Miguel Oca and/or Kuwait Oil Tanker.

3.       Debriefing Questionnaire duly accomplished by petitioner on 16 April 2002, petitioner specifically stating that “all ok during his contract inc. his health.”

Petitioner claims disability benefits for a work-related injury or illness during the term of his contract. Petitioner asseverates that his illness of “Lumbar Spondylosis” is work-related given that he experienced such while onboard respondents’ vessel in 1999, albeit he was given a “fit to work” certification effective for two (2) years from year 2000. He then points out that during his last employment contract from July 2001 to April 2002, his illness worsened and became aggravated resulting in a diagnosis of “herniated disc L3-L4 and L4-L5.”

ISSUE:

Whether or not petitioner is entitled to disability benefits

RULING:

The Court clarified the 2000 POEA-SEC was already in effect during petitioner’s last employment contract. However, the implementation of its provisions was temporarily suspended by the SC on Sept. 11, 200. Thus, petitioner’s entitlement to disability benefits are under the provision of the 1996 POEA-SEC.

Under Section 20(B)(3) of the 1996 POEA-SEC, for the employer to be liable: (1) the injury or illness must occur during the term of contract, disputably presumed to be work-related; (2) the injury or illness is work-related; and (3) the work-related injury or illness is determined in a mandatory post-employment medical examination by a company-designated physician within three (3) working days of the seafarer’s return.

Claiming entitlement to benefits under the law, petitioner must establish his right thereto by substantial evidence.

While petitioner has asserted that his disability is work-related and occurred during the term of his contract, what jumps out of the different factual findings of all three labor tribunals, the Labor Arbiter, the NLRC and the Court of Appeals, is that petitioner did not undergo a post-employment medical examination as required in Section 20 of both the 1996 and 2000 POEA-SEC. In fact, petitioner refers to the medical examination he underwent as a “Pre-Post-Employment Medical Examination” from 11 June 2002 to 1 April 2003, which yielded a medical certification that petitioner is “UNFIT” to work due to a work-related injury or illness.

A mere asseveration that the medical examination is both “pre and post employment” does not comply with the mandatory language of the POEA-SEC. The three-day post-employment medical examination is mandatory.

The rationale for the rule on mandatory post-employment medical examination within three days from repatriation by a company-designated physician is that reporting the illness or injury within three days from repatriation fairly makes it easier for a physician to determine the cause of the illness or injury. Ascertaining the real cause of the illness or injury beyond the period may prove difficult. To ignore the rule might set a precedent with negative repercussions, like opening floodgates to a limitless number of seafarers claiming disability benefits, or causing unfairness to the employer who would have difficulty determining the cause of a claimant’s illness because of the passage of time. The employer would then have no protection against unrelated disability claims.

The post-employment medical examination has 2 requisites: (1) it is done by a company-designated physician, (2) within three (3) working days upon the seafarer’s return. The only exception thereto is physical incapacity of the seafarer to undergo said post-employment medical examination, in which case, a written notice to the agency within the same period is deemed as compliance.

Failure to comply with the mandatory reporting requirement shall result in the seafarer’s forfeiture of his right to claim benefits.

Another exception, not found in the law, is when the employer refuses to refer the seafarer to a company-designated physician.

Petitioner, in this case, despite his asseveration that his “Lumbar Spondylosis” worsened during his last employment contract, did not submit himself to a post-employment medical examination. Moreover, petitioner’s medical certification, despite it being issued by respondents’ hospital, was issued only in April 2003, long after the last employment contract of petitioner had expired — in April 2002.

Petitioner did not proffer a reason for his failure to undergo a post-employment medical examination within 3 working days from his return given that he claims he suffered the illness during his last employment contract. At the least, petitioner should have reported that he was suffering from symptoms of his illness while onboard respondents’ vessel during the term of his last employment contract.

In all, petitioner utterly failed to establish by substantial evidence, his entitlement to disability benefits for a work-related illness under the POEA-SEC, having failed to undergo a post-employment medical examination by a company-designated physician within three (3) working days from his return without valid or justifiable reason.


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