Facts:

Elmer A. Apines (Petitioner) filed a petition for review on certiorari against Elburg Shipmanagement Philippines, Inc. and Danilo F. Venida (Respondents) to contest the Decision dated January 26, 2012, and Resolution dated May 30, 2012, of the Court of Appeals (CA) in CA-G.R. SP No. 114221. The CA's decision dismissed Apines' complaint for total and permanent disability benefits, reimbursement of medical expenses, and other claims, while ordering him to return the amount of P3,029,088.92 that he had received from the respondents in satisfaction of a prior NLRC decision.

Apines was employed as a bosun on the M/V Bandar TBN Trans Gulf, a vessel owned by Emirates Trading Agency LLC (ETAL), starting September 11, 2007. During his employment, he sustained an injury when he slipped and fell while checking for leaks in the cargo hold, resulting in a knee injury. Despite his complaints of pain and requests for medical attention, he was not repatriated until February 7, 200...

Facts:

Employment and Accident

Elmer A. Apines was employed as a bosun by Elburg Shipmanagement Philippines, Inc. (ESPI) and boarded the ship M/V Bandar TBN Trans Gulf on September 11, 2007. In September 2007, while performing his duties, Apines slipped and fell, injuring his left knee. Despite the pain, he continued working and was given analgesics by the ship’s captain. His request for medical attention was ignored due to the ship being on voyage.

Medical Treatment Abroad

In November 2007, Apines consulted Dr. Abraham George in Bahrain, who diagnosed a possible medial meniscal injury and recommended an MRI scan. In February 2008, Apines consulted Dr. Vicar Hussain in Saudi Arabia, who also recommended an MRI. Despite these recommendations, no MRI was conducted, and Apines was declared fit to work. Due to worsening pain, Apines requested repatriation and was sent home on February 7, 2008.

Post-Repatriation Medical Treatment

After repatriation, Apines reported to ESPI’s office but was informed that he would not receive any medical assistance as he was declared fit to work. Apines sought medical treatment on his own, consulting Dr. Celestina Cejoco and Dr. Patrick Leh, who diagnosed medial meniscal tear and recommended meniscectomy. Apines underwent the surgery on July 1, 2008, at the Philippine General Hospital (PGH).

Labor Complaint

Apines filed a complaint with the National Labor Relations Commission (NLRC) on June 6, 2008, seeking total and permanent disability benefits, reimbursement of medical expenses, and other damages. The NLRC ruled in favor of Apines, but the Court of Appeals (CA) reversed the decision, citing Apines’ failure to comply with the 72-hour reporting requirement and lack of evidence proving the injury was work-related.

Issue:

1. Whether failure to comply with the 72-hour reporting requirement automatically results in the forfeiture of disability benefits.
2. Whether Apines is entitled to total and permanent disability benefits despite his inability to resume work within 120 days from repatriation.
3. Whether Apines is entitled to moral and exemplary damages, as well as attorney’s fees.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court granted Apines’ petition, reinstating the NLRC’s award of US$69,080.00 as total and permanent disability benefits, sickness allowance, and attorney’s fees. The Court found that Apines’ injury was work-related and that his disability was conclusively presumed to be total and permanent due to the employer’s failure to issue a disability rating within 120 days from repatriation.