Case Digest (G.R. No. 227933)
Facts:
The case involves Bahia Shipping Services, Inc. and Fred. Olsen Cruise Lines as petitioners, and Roberto F. Castillo as the respondent. The events leading to the case began when Castillo was hired by Bahia Shipping Services for Fred. Olsen Cruise Lines as a laundryman aboard the vessel MIS Black Watch for a nine-month contract, which was patterned after the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) and covered by a Collective Bargaining Agreement (CBA) with the Norwegian Seafarers Union. After being certified fit for duty by a company-designated physician, Castillo embarked on the vessel on March 31, 2013.
On November 29, 2013, while performing his duties, Castillo experienced a back injury when he leaned forward to retrieve a table napkin, resulting in persistent back pain. He was treated with painkillers but eventually required medical attention in Rostock, Germany, where he was diagnosed with degenerative spinal conditions. Af...
Case Digest (G.R. No. 227933)
Facts:
Employment and Contract Details
- Respondent Roberto F. Castillo was hired by Bahia Shipping Services, Inc. (Bahia) for its principal, Fred. Olsen Cruise Lines (FOCL), as a laundryman on the vessel MIS Black Watch for a nine-month contract. His employment was governed by the Philippine Overseas Employment Agency-Standard Employment Contract (POEA-SEC) and a Collective Bargaining Agreement (CBA).
Medical Examination and Deployment
- Castillo underwent a pre-employment medical examination (PEME) and was certified fit for duty. He embarked on the vessel on March 31, 2013.
Injury and Medical Treatment
- On November 29, 2013, while performing his duties, Castillo leaned forward to reach for a table napkin and felt a "click" in his back, leading to severe back pain. He was treated with painkillers but his condition worsened, and he was eventually sent ashore on December 3, 2013, for further medical treatment in Rostock, Germany. He was diagnosed with degenerative spinal conditions.
- After serving eight months and one week of his contract, Castillo was declared unfit to work and repatriated to the Philippines on December 7, 2013. He underwent surgery and extensive medical treatment but was declared permanently unfit for sea duties by an independent physician.
Disability Benefits Claim
- Castillo demanded disability benefits under the CBA, but the petitioners refused, arguing that his injury was not caused by an accident and that the POEA-SEC should govern his claim. The case was brought to the National Conciliation and Mediation Board (NCMB), which ruled in favor of Castillo, awarding him US$90,000 in disability benefits plus attorney's fees.
Appeal to the Court of Appeals
- The petitioners appealed to the Court of Appeals (CA), but the CA dismissed the appeal, citing the untimeliness of the filing under Article 262-A of the Labor Code.
Issue:
- Timeliness of the Appeal: Whether the petitioners' appeal to the CA was filed within the reglementary period.
- Entitlement to Disability Benefits: Whether Castillo is entitled to permanent disability benefits under the CBA or the POEA-SEC.
Ruling:
Timeliness of the Appeal: The Supreme Court ruled that the appeal was timely filed. The 10-day period under Article 262-A of the Labor Code refers to the period for filing a motion for reconsideration, not the appeal itself. The appeal to the CA was filed within the 15-day period under Rule 43 of the Rules of Court, making it timely.
Entitlement to Disability Benefits:
- The Court held that Castillo's injury was not caused by an "accident" as defined under the CBA. The "click" in his back while reaching for a napkin was not an unforeseen or unusual event but a result of a degenerative condition.
- However, the Court found that Castillo's condition was work-related under the POEA-SEC. His job as a laundryman involved lifting, pulling, and pushing heavy objects, which contributed to his degenerative spinal condition.
- Since the company-designated physician failed to issue a final medical assessment within the 240-day period, Castillo's disability was deemed permanent and total under the POEA-SEC.
- The Court awarded Castillo US$60,000 in permanent total disability benefits and 10% of the total amount as attorney's fees.
Ratio:
- Timeliness of the Appeal: The 10-day period under Article 262-A of the Labor Code is for filing a motion for reconsideration, not the appeal itself. The appeal to the CA must be filed within 15 days under Rule 43 of the Rules of Court.
- Entitlement to Disability Benefits:
- The CBA only covers injuries resulting from accidents, and Castillo's injury was not caused by an accident.
- Under the POEA-SEC, Castillo's degenerative condition was work-related due to the nature of his job as a laundryman, which involved heavy lifting and physical strain.
- The failure of the company-designated physician to issue a final medical assessment within 240 days rendered Castillo's disability permanent and total, entitling him to benefits under the POEA-SEC.
Conclusion:
The Supreme Court partially granted the petition, reversing the CA's decision. Castillo was awarded US$60,000 in permanent total disability benefits and 10% of the total amount as attorney's fees.