G.R. No. 253756 - Caampued vs. Next Wave Maritime Management, Inc.

Petitioner Resty S. Caampued was hired on March 29, 2016 by Next Wave Maritime Management, Inc. on behalf of MTM Ship Management Pte. Ltd. as an Engine Fitter for the vessel "MV Red Cedar" for ten months, with a monthly salary of USD 649.00.
Prior to deployment, petitioner underwent the routine Pre-Employment Medical Examination (PEME) and was declared fit for sea duties, with prescribed medication for hypertension.
Petitioner's job involved strenuous physical tasks, including: fabrication and shaping of metals; lifting heavy materials; maintenance and repair of the ship's engines and machinery; operating manually controlled machines; carrying heavy tools; aligning and securing fixtures and tools; and assisting engineers in overhauling the ship’s engines. His duties required standing most of the day and constant movement.

During the second week of May 2016, two months after deployment, petitioner assisted in generator repair, specifically pulling the lining of the generator piston in a squatting position. He heard a clicking sound and felt a snap in his back, followed by mild lower back pain.
Reporting the injury, petitioner was given pain relievers and ordered to continue working. However, the pain intensified over days, and rest was advised until arrival in Africa.
On June 1, 2016, in Africa, petitioner was diagnosed at Welwitschia Hospital with lower back muscle spasm, thoracolumbar spondylodiscitis complicated by grade 2 L5-S1 spondylolisthesis, L5-S1 bilateral spondylolysis, and intervertebral foraminal attenuation causing sciatica. The physician recommended possible surgery and repatriation.
Petitioner was medically repatriated on June 6, 2016. Company-designated physician Dr. Natalio Alegre evaluated him and ordered further radiological tests. Findings revealed degenerative disk disease at several levels, compression deformity, hypertrophic changes, grade 1 anterolisthesis L5 over S1, and a soft tissue mass L3-L4 suspicious for infectious or malignant processes. Biopsy confirmed spinal tuberculosis (TB).
Dr. Alegre opined spinal TB originates from childhood infection (primary complex) and is not work-related. Respondents ceased medical assistance on this basis.

Petitioner claimed respondents ignored treatment of his other spinal injuries aside from TB and questioned the cessation of medical assistance without addressing his degenerative disc disease and spondylolisthesis.
Petitioner continued medical treatment at Philippine General Hospital at his own expense until constrained financially and opted to rest at home.
In January 2017, petitioner consulted orthopedic specialist Dr. Renato Runas, who diagnosed the back pain as likely due to displacement of L4 over L5 vertebra, exacerbated by lifting and prolonged sitting/standing; found petitioner unfit for sea duties.
Petitioner filed claims against respondents for total and permanent disability benefits. Attempts at conciliation and mediation failed.

Labor Arbiter granted petitioner’s claim for total and permanent disability benefits (US$60,000), sickness allowance, moral and exemplary damages, and attorney’s fees, reasoning the PEME was clear and symptoms began after the accident aboard vessel, concluding a possible work-related cause. Failure of respondents to address all injuries, especially spondylolisthesis, led to legal presumption of total and permanent disability.
On respondents’ appeal, the NLRC reversed the award, declaring petitioner failed to prove work-causation; pointed out no record of injury incident; noted prior history of back pain as early as January 2016, pre-existing condition allegedly concealed; disqualified petitioner from benefits under POEA-SEC. However, granted sickness wages for period of repatriation until TB declared non-work-related.
Court of Appeals affirmed NLRC ruling, holding no reasonable work connection between petitioner’s illness and duties. Gave weight to medical findings of Dr. Alegre over Dr. Runas, accepted that spinal TB is reactivation of pre-existing latent infection. Denied reconsideration.

Petitioner contends entitlement to total and permanent disability benefits, citing absence of final assessment negates respondents’ position and arguing aggravation or causation by work is reasonably probable. Rejects material concealment allegations, underscores PEME fitness, and questions competence of company physician’s conclusions.
Respondents maintain: spinal TB is latent childhood disease and not compensable; no accident report substantiates injury claim; petitioner received sickness allowance for three months, no further pay due.

Whether petitioner is guilty of material concealment of a pre-existing medical condition disqualifying him from claiming benefits under POEA-SEC.
Whether petitioner is entitled to total and permanent disability benefits for his spinal conditions.