CASE DIGEST: De Leon v. Maunlad Trans Inc.

 


LAMBERTO M. DE LEON, petitioner, vs. MAUNLAD TRANS, INC., SEACHEST ASSOCIATES, et al., respondents
G.R. No. 215293                |              Feb. 8, 2017

FACTS:

While onboard the vessel M/S Carnival Liberty where he was hired as Team Headwaiter, petitioner experienced uncontrollable blinking, shaking and difficulty in speaking and breathing for 3 weeks. As such, he was referred to a neurologist and underwent MRI and CT scan. He was then diagnosed with “cerebral atrophy” and was advised to seek a neurologist in Miami, Florida where the vessel was headed. But due to the severity of his condition, petitioner was advised to be repatriated.

When he arrived in the Philippines, he reported to his agency and was referred to the Metropolitan Medical Services, Inc. for treatment and when his condition did not improve, he sought treatment from a specialist in internal medicine-cardiology who diagnosed his illness as T/C Parkinson’s Disease; hypertensive atherosclerotic cardiovascular disease and declared him unfit for duty in whatever capacity as a seaman.

Respondents refused to give petitioner full compensability based on the opinion of the company-designated physician that petitioner had no history of heavy metal exposure onboard, thus, the condition does not appear to be work-related or work-aggravated.

The LA found petitioner’s claim meritorious. According to the Labor Arbiter, those illness not listed under Section 32 of the POEA-SEC are disputably presumed as work-related; thus, the burden is on the respondents to present substantial evidence that there is no causal connection between the nature of the seafarer’s work and his illness, or that the risk of contracting the illness was not increased by his working condition.

The NLRC affirmed the Decision of the LA. It held that the nature of the petitioner’s employment is presumed to be the cause of the illness because it occurred during his stint with respondents and that his employment need not be the sole factor in the growth, development or acceleration of his illness as it is enough that it contributed to the development thereof.

The CA reversed and set aside the Decision of the NLRC. According to the CA, Parkinson’s Disease is neither listed as a disability under Sec. 32 of the POEA-SEC, nor is it considered an occupational disease under Sec. 32-A thereof. Thus, the CA held that it is imperative that petitioner establish the existence of a causal connection between his illness and the work for which he was contracted for.

ISSUE:

Whether petitioner’s illness is work-related or not

RULING:

For disability to be compensable under Section 20(B)(4) of the POEA-SEC, two elements must concur:

(1)    The injury or illness must be work-related; and

(2)    The work-related injury or illness must have existed during the term of the seafarer’s employment contract.

The POEA-SEC defines a work-related injury as “injuries resulting in disability or death arising out of and in the course of employment,” and a work-related illness as “any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this Contract with the conditions set therein satisfied.”

For illnesses not mentioned under Section 32, the POEA- SEC creates a disputable presumption in favor of the seafarer that these illnesses are work-related. Notwithstanding the presumption, the claimant-seafarer must still prove by substantial evidence that his work conditions caused or, at least, increased the risk of contracting the disease. In order to establish compensability of a non-occupational disease, reasonable proof of work connection is sufficient – direct causal relation is not required. Probability, not the ultimate degree of certainty, is the test of proof in compensation proceedings.

Working on any vessel, whether it be a cruise ship or not, can still expose any employee to harsh conditions. In this case, aside from the usual conditions experienced by seafarers, such as the harsh conditions of the sea, long hours of work, stress brought about by being away from their families, petitioner, a team headwaiter, also performed the duties of a “fire watch” and assigned to welding works, all of which contributed to petitioner’s stress, fatigue and extreme exhaustion.


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