Case Digest (G.R. No. 198096)
Facts:
Centennial Transmarine, Inc. and/or Mr. Eduardo R. Jabla, Centennial Maritime Services & MV Bonnie Smithwick v. Pastor M. Quiambao, G.R. No. 198096, July 08, 2015, Supreme Court Second Division, Del Castillo, J., writing for the Court.Petitioner employers are Centennial Transmarine, Inc. and/or Mr. Eduardo R. Jabla and Centennial Maritime Services (and the vessel MV Bonnie Smithwick); private respondent is Pastor M. Quiambao. Pastor had been continuously employed since 2004 as a messman under POEA-approved contracts covered by the AMOSUP/ITF TCCC collective bargaining agreement; his last embarkation on board MV Bonnie Smithwick was on June 5, 2006.
During the first week of August 2006 Pastor sustained an on-duty accident while carrying heavy food provisions resulting in severe upper‑back pain. Initial shipboard treatment proved inadequate; on September 5, 2006 he was referred to City Med Health Associates in Singapore where x‑rays showed lumbar muscular spasm with disc degeneration at L2/L3 and L5/S1 and thoracic spondylosis from T4/T5 to T7/T8. He was repatriated to the Philippines on September 18, 2006 and referred to the company‑designated physician, Dr. Leticia Abesamis, who on October 2, 2006 diagnosed thoraco‑lumbar spine nerve impingement, R/O herniated disc, ordered MRI and advised physiotherapy; subsequent notes recorded carpal tunnel findings and continued treatment.
While under treatment, Pastor filed on November 7, 2006 a complaint for permanent disability compensation (US$78,750.00), sickness wages, damages and attorney’s fees. The Labor Arbiter (Decision dated July 31, 2007) found Pastor’s ailment work‑related and, relying on a medical certificate from Seamen’s Hospital declaring total and permanent disability, ordered payment of US$78,750.00 plus 10% attorney’s fees. The NLRC affirmed in a Resolution dated April 23, 2008 and denied reconsideration May 30, 200...(Subscriber-Only)
Issues:
- What was Pastor Quiambao’s actual illness while on board the vessel?
- Did the Court of Appeals err in affirming the NLRC’s finding that Pastor’s illness was work‑related and compensable?
- Did the Court of Appeals err in awarding US$78,750.00 for total and permanent (Grade I) disability despite absence of a Grade I medical assessment?
- Did the Court of Appeals ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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