Case Digest (G.R. No. 230919)
Facts:
The case involves two petitions for review on certiorari, G.R. No. 230919 and G.R. No. 230932, filed by Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. (petitioners) against Antonio R. Jamias (respondent). The events leading to the case began when Jamias, a seafarer, was employed by the petitioners as a Cook AB on board the vessel M/V Kwintebank under a six-month contract starting in February 2011. He had been working for the petitioners since 1998 and had passed the mandatory Pre-Employment Medical Examination (PEME) before boarding the vessel.
While performing his duties in August 2011, Jamias experienced severe abdominal pain after lifting heavy sacks, which led to his diagnosis of umbilical hernia and subsequent medical repatriation to Manila on August 24, 2011. After his return, he underwent surgery for the hernia on September 24, 2011, which alleviated his abdominal pain. However, he continued to suffer from persistent lower back pain, which he attributed to his...
Case Digest (G.R. No. 230919)
Facts:
Employment and Duties
- Antonio R. Jamias (Jamias) was employed by Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. (petitioners) as a Cook AB on the vessel M/V Kwintebank under a 6-month contract starting February 2011. His duties included preparing food, maintaining cleanliness, lifting heavy provisions, and performing manual labor such as painting and deck maintenance.
Onset of Illness
- In August 2011, Jamias experienced severe abdominal pain while lifting heavy sacks of potatoes. He was diagnosed with constipation and umbilical hernia at Telemark Hospital in Norway and was subsequently repatriated to Manila on August 24, 2011.
Medical Examinations and Findings
- Upon repatriation, Jamias underwent an MRI of the lumbosacral spine, which revealed "disc desiccation and diffuse disc bulge with focal broad-based central disc protrusion causing mild central canal and mild left foraminal stenoses, L5-S1." He underwent surgery for his umbilical hernia on September 24, 2011, which resolved his abdominal pain. However, he continued to suffer from lower back pain.
Company-Designated Physician’s Assessment
- The company-designated physician declared Jamias fit-to-work on November 12, 2011, attributing his back pain to aging. Jamias sought a second opinion from Dr. Renato P. Runas, who diagnosed him with a Grade 8 disability due to a "central broad-based disc herniation," rendering him unfit for work as a cook.
Voluntary Arbitration
- Jamias filed a claim for disability benefits, which was referred to a Panel of Voluntary Arbitrators (PVA). The PVA ordered a third doctor, Dr. Samuel M. Grozman, to evaluate whether Jamias' herniated disc was related to his umbilical hernia. Dr. Grozman confirmed the herniated disc but stated it was unrelated to the umbilical hernia.
PVA and CA Rulings
- The PVA awarded Jamias US$80,000 in disability benefits. The Court of Appeals (CA) set aside the PVA’s award, ordering a reevaluation by a third doctor to determine the disability grading. Both parties sought reconsideration, but the CA denied their motions, clarifying that the third doctor only needed to issue a disability grading.
Issue:
- Whether Jamias' back ailment (herniated disc) is compensable under the POEA-SEC and the CBA.
- Whether the back ailment must be a necessary consequence or directly connected to the cause of medical repatriation (umbilical hernia) to be compensable.
- Whether the company-designated physician’s failure to issue a complete and definite medical assessment of Jamias' back ailment constitutes a lapse, rendering his disability permanent and total.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
- The Supreme Court denied the petition of Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. (G.R. No. 230919) and granted Jamias' petition (G.R. No. 230932). The CA’s decision to refer the case to a third doctor for disability grading was reversed, and the PVA’s award of US$80,000 in disability benefits to Jamias was reinstated.