Case Digest (G.R. No. 230919)
Facts:
Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc., as manning agents of the vessel M/V Kwintebank, employed seafarer Antonio R. Jamias. In August 2011, while doing his usual strenuous work, Jamias experienced coughing followed by excruciating pain in his umbilical area, was diagnosed with constipation and umbilical hernia, and was repatriated to Manila on August 24, 2011. After arriving, the company-designated doctor ordered an MRI of the lumbosacral spine on August 25, 2011, which showed disc desiccation and diffuse disc bulge with broad-based central disc protrusion at L5-S1; Jamias later underwent surgery for the hernia, but his lower back pain persisted. Jamias sought disability benefits and voluntary arbitration, which awarded him total and permanent disability benefits in the amount of US$80,000.00 plus attorney’s fees, but the CA set aside the award and ordered compliance with the CBA and POEA-SEC procedure for third-doctor assessment. Petitioners and Jamias filed sepa Case Digest (G.R. No. 230919)
Facts:
- Parties and employment relationship
- Petitioners Blue Manila, Inc. (Blue Manila) and/or Oceanwide Crew Manila, Inc. are the former and present manning agents of Wagenborg Crewmanagement BV (Wagenborg), owner of the vessel M/V Kwintebank.
- Respondent Antonio R. Jamias worked for petitioners since 1998.
- In February 2011, Jamias was rehired as Cook AB by Blue Manila under a 6-month contract covered by the Collective Bargaining Agreement (CBA) between Associated Marine Officers’ and Seamen’s Union of the Philippines and Wagenborg.
- Jamias passed the mandatory Pre-Employment Medical Examination (PEME) and then boarded M/V Kwintebank.
- Jamias’s duties and alleged onset of ailments
- As a cook, Jamias claimed that he was tasked to: prepare and cook food (including desserts and pies); maintain cleanliness in work areas, equipment, kitchen tools, and cold rooms; clean, wash, and paint the gallery, kitchen, and store rooms, as well as sweep garbage disposed from freezers daily; receive food stores or provisions delivery and bring them into walk-in freezers; paint and chip rust on deck and superstructure; serve as deckhand on various repairs and maintenance works; and perform other work required by his superiors.
- Jamias stated that his duties involved constant strenuous manual work such as pushing, lifting, and carrying heavy provisions on board the vessel.
- In August 2011, while doing his usual work, Jamias alleged that he experienced a bout of coughing that triggered pain in his umbilical area.
- Jamias further alleged that while lifting two sacks of potatoes, he felt excruciating pain as if something snapped at his waist area.
- Jamias rested until the pain subsided before finishing the task of carrying food provisions.
- A few days later, Jamias complained of abdominal pain in the umbilical area with pain extending to his left side.
- The ship captain ordered that Jamias be brought to Telemark Hospital in Norway, where he was diagnosed with constipation and umbilical hernia.
- Upon recommendation of the offshore doctor, Jamias was signed off the vessel.
- Jamias was repatriated to Manila on August 24, 2011, and was admitted at Manila Doctor’s Hospital.
- Post-repatriation medical events and surgery
- On August 25, 2011, the company-designated doctor ordered Jamias to undergo Magnetic Resonance Imaging (MRI) of the lumbosacral spine.
- The Radiographic Report reflected:
- Disc desiccation and diffuse disc bulge with focal broad-based central disc protrusion causing mild central canal and mild left foraminal stenoses, L5-S1.
- Degenerative osseous changes.
- On September 24, 2011, Jamias underwent surgery for his umbilical hernia, which cleared up his abdominal pain.
- Despite relief from abdominal pain, Jamias claimed that his lower back pain persisted.
- The company-designated physician dismissed the lower back pain as attributable to aging and declared Jamias fit-to-work as of November 12, 2011.
- Subsequent complaints, medical consultations, and disability demand
- Jamias requested medical evaluation for his back pain at the local manning office.
- Jamias alleged that the manning agent told him to submit himself to PEME on November 15, 2011.
- In January 2012, Jamias wrote two letters asking petitioners to evaluate his back condition, but petitioners did not reply.
- Jamias then consulted Dr. Renato P. Runas, an orthopedic specialist.
- Dr. Runas declared Jamias’s lower back pain due to the presence of a “central broad-based disc herniation”, a Grade 8 disability under the POEA-Contract.
- Dr. Runas described the impediment as moderate rigidity or 2/3 loss of motion or lifting power of the trunk.
- Dr. Runas opined that because Jamias’s job as cook involved carrying heavy provisions and food supplies, the impediment rendered him unfit to resume work on board the vessel.
- Jamias resorted to Voluntary Arbitration and demanded payment of disability benefits from petitioners.
- Petitioners refused, asserting no liability for the back ailment.
- Petitioners’ position in arbitration
- Petitioners asserted that prior to repatriation in August 2011, Jamias only complained of abdominal pain, not back pain.
- Petitioners stated that offshore diagnosis was constipation and umbilical hernia, and those conditions were medically resolved after the September 2011 surgery.
- Petitioners argued that Jamias never complained about back pain during the time he was under the care of the company-designated physician.
- Petitioners contended that Jamias also failed to disclose the supposed existence of his back ailment in his subsequent PEME in November 2011.
- Petitioners argued that these circumstances freed them from liability for Jamias’s subsequently acquired back illness.
- Third-doctor examination and medical findings
- The Panel of Voluntary Arbitrators (PVA) of the National Conciliation and Mediation Board, Department of Labor and Employment ordered Jamias to submit himself to an examination by a third doctor.
- The parties were required to submit three names of qualified physicians, and both parties chose Dr. Samuel M. Grozman.
- The issue for Dr. Grozman was limited to whether Jamias’s broad-based herniated disc at L5-S1 causing low back pain was a necessary consequence or even remotely related to the umbilical hernia that had already been medically resolved.
- Dr. Grozman issued a medical certificate dated August 2, 2013, stating that:
- Jamias reported low back pain since August 2011.
- On examination, Jamias had severe limitation of truncal flexion and extension.
- Both lower extremities graded 5/5, with equivocal straight leg raising.
- Dr. Grozman’s impression was low back pain with radiculopathy to degenerative disc disease L5-S1.
- Dr. Grozman confirmed diagnosis with repeat MRI and EMG NCV.
- Dr. Grozman stated there was no reported literature of umbilical hernia causing broad-based herniated disc.
- After consideration of Dr. Grozman’s report and the parties’ pleadings, the PVA rendered an Award in favor of Jamias.
- PVA Award
- The PVA directed petitioners Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. to jointly and severally pay Jamias US$80,000.00 or its peso equivalent at the time of payment as disability benefits, plus 10% as attorney’s fees.
- The PVA dismissed all other claims for lack of merit.
- Court of Appeals proceedings
- Petitioners appealed the PVA Award and the order dated December 26, 2013 denying their motion for reconsideration.
- In its September 9, 2016 Decision, the Court of Appeals (CA) ruled that:
- Although Jamias was medically repatriated because of umbilical hernia, petitioners could not deny that Jamias also complained of back ailment.
- Within three days after repatriation, the company-designated physician examined Jamias and immediately ordered an MRI.
- The MRI results showed disc dessication and diffuse disc bulge with focal broad-based central disc protusion causing mild central canal and mild left foraminal stenoses, L5-S1.
- The MRI belied petitioners’ claim that Jamias complained of back ailment only after the employment contract or only when he sought medical reassessment in January 2012.
- It was erroneous for the PVA to limit the third doctor’s determination to whether the broad-based herniated disc at L5-S1 was a necessary consequence or remotely related to the umbilical hernia.
- The third doctor’s evaluation failed to satisfy the standard under the POEA-Standard Employment Contract (POEA-SEC) and the CBA in assessing the seafarer’s true condition.
- Since the third doctor failed to provide the corres...(Subscriber-Only)