CASE DIGEST: Intercrew Shipping Agency, Inc v. Calantoc

 


INTERCREW SHIPPING AGENCY, INC., STAR EMIRATES MARINE SERVICES, and/or GREGORIO ORTEGA, petitioners, vs. OFRECINO B. CALANTOC, respondent
G.R. No. 239299                |              July 8, 2020

 

TOPIC: Health, Safety and Social Welfare Benefits

FACTS:

On March 14, 2008, Intercrew Shipping hired respondent for its foreign principal, Star Emirates Marine Services, as 4th engineer for a period of 12 months. Respondent underwent a pre-employment medical examination and was declared “fit for sea duty” despite his high blood pressure.

Respondent was deployed to join MV Oryx on March 20, 2008 however he was repatriated 4 months later because he was diagnosed with mild stroke and his condition worsened.

On January 29, 2009, respondent underwent a MRI examination which revealed a tumor in the left frontoparietal region of his brain. On the same date, respondent was admitted to the hospital due to dysphasia. He was also assessed with meningioma, left parietal convexity, hypertension stage 2. On respondent’s 10th day in the hospital, he underwent a surgery on his skull.

Respondent claims that because of his illness he was unable to return to his customary work as a seafarer for more than 120 days. Petitioners repeatedly refused to grant him disability benefits. Thus, he filed a complaint claiming disability compensation, payment of medical expenses, damages, and attorney’s fees.

Petitioners, on the other hand, asserted that there was no accident or medical incident that happened on board the vessel during the period of respondent’s employment; that respondent only requested to be signed off due to a pre-existing high blood pressure; that upon respondent’s arrival, he was referred to the company-designated physician, but refused to undergo post-employment medical examination; and that respondent opted to collect his final pay and in fact, executed a release in petitioner’s favor.

ISSUE:

Whether or not respondent is entitled to disability compensation

RULING:

In this case, respondent executed his employment contract with petitioners on March 14, 2008. Thus, the provisions of the 2000 Philippine Overseas Employment Administration-Standard Employment Contract are applicable and should govern the parties.

There are 2 elements that must concur before an injury or illness is considered compensable: (1) that the injury or illness must be work-related; and (2) that the work-related injury or illness must have existed during the term of the seafarer’s employment contract.

The “work-related injury,” under the 2000 POEA-SEC, is defined as “injuries resulting in disability or death arising out of and in the course of employment; “work-related illness” is defined as any sickness resulting to disability or death as a result of an occupational disease listed under Sec. 32-A of this contract with the following conditions satisfied:

1.       The seafarer’s work must involve the risks described herein;

2.       The disease was contracted as a result of the seafarer’s exposure to the described risks;

3.       The disease was contracted within a period of exposure and under such other factors necessary to contract it; and

4.       There was no notorious negligence on the part of the seafarer.

In this case, it is undisputed that in the respondent’s PEME, he suffered from or had been told that he has high blood pressure. It is likewise beyond dispute that respondent’s mild stroke is a compensable disease under Sec. 32-A of the 2000 POEA-SEC.

However, petitioners, despite knowing that respondent has a high blood pressure, gave respondent a clean bill of health before deployment which leads to a conclusion that whatever illness respondent suffers on board the vessel is work-related.

It is not required that an employee must be in perfect health when he contracted the illness to be able to recover disability compensation. It is equally true, that while the employer is not the insurer of the health of the employees, once he takes the employees as he finds them, then he already assumes the risk.


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