G.R. No. 220103 - San Miguel Foods, Inc. vs. Rivera

Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. acted as the former and present manning agents of Wagenborg Crewmanagement BV, owner of the vessel M/V Kwintebank.
Seafarer Antonio R. Jamias, who had been in service since 1998, was rehired in February 2011 as Cook AB under a 6‑month contract covered by a Collective Bargaining Agreement (CBA) with the Associated Marine Officers’ and Seamen’s Union of the Philippines and Wagenborg.
Jamias’ duties involved preparing and cooking food for officers and crew, maintaining cleanliness, handling deliveries, performing maintenance work, and other tasks that required constant strenuous manual labor such as pushing, lifting, and carrying heavy provisions.

In August 2011, while executing his routine work on board, Jamias experienced an episode of coughing that led to pain in the umbilical area.
While lifting two sacks of potatoes, he felt sudden, excruciating pain at his waist, followed by persistent abdominal pain radiating to his left side.
The ship captain ordered that Jamias be taken to Telemark Hospital in Norway, where he was diagnosed with constipation and umbilical hernia, leading to his medical repatriation on August 24, 2011.
Upon arrival in Manila, Jamias was admitted at a hospital, and the company‑designated doctor ordered a lumbosacral MRI on August 25, 2011. The MRI revealed disc desiccation, diffuse disc bulge, and a focal broad‑based central disc protrusion at L5‑S1, along with degenerative osseous changes.
On September 24, 2011, Jamias underwent surgery for his umbilical hernia, which resolved his abdominal symptoms; however, his lower back pain persisted.
Dissatisfied with the lack of attention to his back pain, Jamias sought further evaluation from an orthopedic specialist in January 2012. The specialist diagnosed him with a “central broad‑based disc herniation,” assigning a Grade 8 disability (implying moderate rigidity or 2/3 loss of trunk motion or lifting power) that rendered him unfit for his cook’s duties.

Jamias resorted to Voluntary Arbitration demanding disability benefits for his back condition, while petitioners (Blue Manila and/or Oceanwide Crew Manila) contended that their responsibilities were discharged with regard to the umbilical hernia, as back pain had not been complained of initially or reported in subsequent pre‑employment medical examinations.
The Panel of Voluntary Arbitrators (PVA) of the National Conciliation and Mediation Board ordered a third‑party evaluation by Dr. Samuel M. Grozman, who was tasked with determining whether the broad‑based herniated disc at L5‑S1—causing Jamias’ back pain—was a necessary consequence or even remotely related to his umbilical hernia.
Dr. Grozman’s report (dated August 2, 2013) confirmed Jamias’ condition as “low back pain with radiculopathy 2A to Degenerative Disc Disease, L5‑S1,” and noted that there was no reported literature asserting that an umbilical hernia could lead to a broad‑based herniated disc.

Based on the third doctor’s findings and the evidence presented, the PVA issued an award granting Jamias total and permanent disability benefits amounting to US$80,000.00 (plus attorney’s fees).
Petitioners challenged the PVA award before the Court of Appeals (CA), arguing that Jamias’ back ailment had developed after the termination of his employment and was therefore non‑compensable.
The CA, in its September 9, 2016 Decision, set aside the PVA award and ordered that the back condition be re‑evaluated by a third doctor in line with the requirements of the POEA‑Standard Employment Contract (POEA‑SEC) and the CBA.
Both parties filed motions for reconsideration, which were denied in the March 29, 2017 Resolution of the CA, clarifying the binding nature of the third doctor’s disability grading under the applicable contractual and legal framework.
Separate petitions were filed under G.R. No. 230919 (by petitioners) and G.R. No. 230932 (by Jamias), with petitioners maintaining that the back condition was not work‑related and should not be compensable, and Jamias insisting that his back injury—confirmed by the third doctor—is work‑related and entitled to full disability benefits.

Whether the seafarer’s back ailment, diagnosed as a broad‑based herniated disc with associated degenerative changes at L5‑S1, is compensable under the POEA‑SEC and the CBA despite the fact that Jamias was initially repatriated for an umbilical hernia.
Whether the alleged back injury should be considered work‑related if it manifested or was discovered during the term of employment, given that the company‑designated physician’s evaluation was incomplete by neglecting the back condition.
Whether limiting the third doctor’s evaluation solely to the connection between the umbilical hernia and the back pain is appropriate given the broader responsibilities imposed on the medical assessment under the POEA‑SEC.
Whether the issuance of a fit‑to‑work certification by the company‑designated physician without addressing the back ailment effectively constitutes an abdication of the obligation under Section 20(A) of the POEA‑SEC.