G.R. No. 250584 - Calera vs. Hoegh Fleet Services Philippines, Inc.

Christopher C. Calera was hired by Hoegh Fleet Services Philippines, Incorporated in 2014 as an ordinary seaman.
In September 2016, he was directed to undergo a pre-employment medical examination for his upcoming deployment in December 2016, and he was declared fit for sea duties on November 3, 2016.
His employment was covered by a POEA-approved contract and the PHIL Model LNG 2016 Collective Bargaining Agreement (CBA).

On December 5, 2016, Calera departed the Philippines for Cartagena, Colombia where he would join the vessel Hoegh Grace.
While billeted at the Holiday Inn awaiting embarkation on December 7, 2016, he slipped in the shower and fell on his buttocks, experiencing intense lower back pain and subsequent numbness in his lower extremity.
Despite his injury, he proceeded to board the vessel and reported the incident to the Bosun; however, he was ordered to report for strenuous duties immediately, including carrying heavy baggage and cans of grease.

Upon worsening pain and difficulty rising the next day, he was taken to a hospital in Cartagena where the company-designated physician, Dr. Marlon de Avila, diagnosed him with mechanical lumbago and later with a perianal abscess.
He was treated with pain relievers, antibiotics, and a recommendation for rest; however, his condition did not improve, prompting his medical repatriation on January 2, 2017, and arrival in the Philippines on January 4, 2017.
Subsequent evaluations at Shiphealth, Inc. and by an orthopedic specialist (Dr. Renato P. Runas) led to an eventual diagnosis of lumbar disc disease with findings of disk desiccation and mild posterior disk bulge from magnetic resonance imaging (MRI).
Multiple medical reports and series of physical therapy sessions followed, yet his symptoms persisted and prevented him from resuming his former seafaring duties.

Frustrated by the lack of a proper medical assessment and redeployment, Calera filed a Notice to Arbitrate before the Regional Conciliation and Mediation Board (RCMB) on July 24, 2017.
During the grievance proceedings under the CBA, the possibility of referring his case to a third doctor for a definitive evaluation was explored but ultimately did not result in a mutually acceptable protocol.
The arbitration panel, in their Decision dated November 19, 2018, ruled largely in Calera’s favor by awarding him total and permanent disability benefits amounting to US$60,000.00 (plus attorney’s fees) while denying claims for additional benefits such as moral and exemplary damages.

Hoegh Fleet Services elevated the matter to the Court of Appeals, arguing that Calera’s injury was neither work-related nor accidental, emphasizing that the initial slipping incident occurred prior to embarking on the vessel.
The Court of Appeals reversed the arbitration panel’s decision in its July 12, 2019 decision, holding that the injury was not compensable under the contract since it was neither directly work-related nor an unforeseen accident.
Calera, contending that his condition was aggravated by strenuous work and that the company‑designated physicians failed to render a final and definitive disability grading within the required period, ultimately filed the present petition seeking to reinstate the arbitration award.

Initial medical evaluations in Colombia (December 2016) diagnosing mechanical lumbago and perianal abscess.
Follow-up evaluations in the Philippines, including:

An interim disability report issued on April 10, 2017, indicating a Grade 8 disability rating.
A “final” medical report dated June 13, 2017 by Shiphealth which, despite the terminology, was incomplete as it failed to provide a definitive disability grading and recommended further physical therapy.

Calera’s ongoing physical therapy and persistent symptoms as documented in subsequent reports up to July 2018.

Whether the incident at the Holiday Inn, occurring before embarkation, can be classified as an “accident” for purposes of the POEA-Standard Employment Contract (POEA-SEC).
Whether the injury, although not initially compensable as an accident, was aggravated by work conditions once on board the vessel.

Whether the company‑designated physicians met their duty to provide a final and definitive disability assessment within the legally prescribed period (either within 120 days or, with justification, within 240 days from repatriation).
The implications of a “non‑final” or incomplete medical report on establishing the permanence and totality of the disability.

Whether the terms of the POEA‑SEC and relevant CBA allow for disability compensation when an injury is work‑aggravated rather than directly caused by an on‑duty accident.
The proper interpretation of work‑relatedness in cases where the injury’s aggravation is attributed to the nature of seafaring duties.

Whether Calera, as an ordinary seaman, was entitled to the disability benefit amount he claimed under the POEA‑SEC.
Whether any claim for moral and exemplary damages is warranted given the conduct of the employer in handling his medical treatment and grievances.