Case Digest (G.R. No. 177100)
Facts:
Bandila Shipping, Inc., Mr. Reginaldo A. Oben, Bandila Shipping, Inc. and Fuyoh Shipping, Inc. v. Marcos C. Abalos, G.R. No. 177100, February 22, 2010, Supreme Court Second Division, Abad, J., writing for the Court.On July 25, 2002, Marcos C. Abalos entered into a 10‑month employment contract with Bandila Shipping, Inc. (BSI), a Philippine manning agency acting for its foreign principal Fuyoh Shipping, Inc., as fourth engineer aboard M/V Estrella Eterna at US$765 per month. Before embarkation Abalos underwent a pre‑employment medical examination and was found “fit for sea service.” He boarded in Singapore on August 28, 2002.
While the vessel was en route to Nagoya, Japan, on January 23, 2003, Abalos experienced severe abdominal pain and, after examination at an international clinic in Nagoya, was diagnosed with gallstone, acute cholecystitis, and suspected pancreatitis; he was declared unfit for duty and repatriated to the Philippines on January 25, 2003. Local physicians, including Dr. Ruby Dizon, diagnosed cholecystolithiasis and recommended cholecystectomy (estimated cost P80,000); Abalos sought company approval for surgery but did not obtain it and obtained corroborating opinions from other doctors.
On June 12, 2003 Abalos filed a complaint with the Labor Arbiter (NLRC OFW‑(M) Case 03‑06‑1493‑00) against BSI, its claims manager, and Fuyoh Shipping, Inc., seeking disability benefits, the unexpired portion of his contract, moral and exemplary damages, and attorney’s fees; he later amended to include medical reimbursement and sickness allowance. A company‑designated physician concluded the condition was not work‑related; BSI therefore denied liability. Dr. Efren R. Vicaldo of the Philippine Heart Center certified that Abalos required surgery, was unfit to resume seafaring work, and that his illness was work‑aggravated (impairment grade VII, 41.80%).
On January 29, 2004 the Labor Arbiter granted Abalos permanent disability benefits, sickness allowance, and attorney’s fees. BSI appealed to the National Labor Relations Commission (NLRC), which on February 23, 2006 set aside the Labor Arbiter’s decision (NLRC NCR CA 039306‑04), holding that cholecystolithiasis was not among the occupational diseases enumerated in the Revised Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean‑Going Vessels and that Abalos failed to prove work‑aggravation. The NLRC denied reconsideration.
Abalos elevated the matter to the Court of Appeals (CA-G.R. SP 95238), which on January 30, 2007 reversed the NLRC and reinstated the Labor Arbiter’s deci...(Subscriber-Only)
Issues:
- May the Supreme Court resolve an essentially factual question of compensability where the NLRC and the Court of Appeals have reached conflicting conclusions?
- Is Marcos C. Abalos’s cholecystolithiasis (gallstone) compensable under the parties’ standard seafarer employment contract and, thus, does it entitle him to disability bene...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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