A.C. No. 2252-CFI - Ignacio vs. Valenzuela

Petitioners: Avior Marine, Inc. (a domestic corporation involved in the recruitment and placement of seafarers) along with its local agents Carina Marine N.V. and Edna L. Ranara.
Respondent: Arnaldo R. Turreda, hired as Chief Cook under a nine-month contract with a basic monthly salary of US$725.00.
Pre-employment: Respondent underwent a medical examination and was declared fit for sea duties, which allowed him to board the vessel Water Phoenix.

In the first week of June 2016, respondent experienced severe headache episodes causing intense pain.
He reported his condition to the ship captain who suggested a medical evaluation in Ecuador.
Diagnosis in Ecuador determined the illness to be migraine; the respondent was given analgesics.
On June 14, 2016, after examination in Puerto Bolivar, he was declared not fit for sea duties, prompting his repatriation.

Upon arrival in the Philippines on June 19, 2016, respondent reported to the company-assigned clinic.
Under the supervision of Dr. George Y. Hernandez (company-designated physician), he underwent a chest x-ray and an electrocardiogram (ECG) and was prescribed medications (Losartan, Amlodipine, Afrovastatin, Celicoxib, and Febuxostat).

On July 11, 2016, respondent underwent a two-dimensional ECG and a treadmill stress test.
He was diagnosed with sinus bradycardia and aortic valve sclerosis.
Despite these findings, on July 12, 2016 the company-designated physician quickly issued a certificate of fitness to work without additional documentation to confirm resolution of his condition.

As symptoms continued, respondent consulted his personal doctor, Dr. Efren R. Vicaldo.
Dr. Vicaldo diagnosed him with hypertensive cardiovascular disease, mitral regurgitation, and migraine headache, declaring him unfit to work as a seaman.

Petitioners did not redeploy respondent to his former post despite the certificate of fitness issued by the company-designated physician, which led to employment difficulties.
Respondent pursued other manning agencies but remained unemployed due to his deteriorating medical condition.
A disability complaint was filed by respondent, and despite his willingness to submit a third medical opinion, petitioners failed to set in motion the appointment of a third doctor.

The Labor Arbiter dismissed the complaint on May 27, 2017, holding that the respondent’s disability did not qualify for benefits because his conditions (migraine and hypertensive cardiovascular disease) were not sufficiently work-related or had resolved.
The National Labor Relations Commission (NLRC), in its May 21, 2018 decision, reversed the Labor Arbiter’s ruling, granting total and permanent disability benefits of US$60,000.00 plus attorney’s fees, finding that the company-designated physician’s assessment was incomplete and inconclusive.

The CA, in its Decision dated August 16, 2019, affirmed the NLRC finding, noting that the company-designated physician’s final report was unsigned and was hastily issued.
Petitioners’ failure to obtain a third doctor’s evaluation, despite respondent’s request, was highlighted as a factor affecting the conclusiveness of the medical assessment.

Whether the illness suffered by respondent aboard the vessel Water Phoenix is work-related or aggravated by his employment.
Whether the medical assessment provided by the company-designated physician constitutes a final, complete, and definitive evaluation of the respondent’s condition.