Case Digest (G.R. No. 201834)
Facts:
- Andres L. Dizon was employed by Naess Shipping Philippines, Inc. and DOLE UK (Ltd.) as a cook since 1976.
- His last contract was as Chief Cook on the vessel DOLE COLOMBIA, from March 6, 2006, to February 14, 2007.
- The contract had a duration of nine months and a monthly salary of US$670.00, with terms for overtime and vacation leave.
- After completing his contract, Dizon went on vacation and was called for another contract.
- During a pre-employment medical examination in March 2007, he was declared unfit for sea duties due to uncontrolled hypertension and coronary artery disease.
- Dizon sought a second opinion from Seamen's Hospital, which declared him fit, but MMLC denied his request for re-examination.
- In November 2008, he filed a complaint with the Department of Labor and Employment, which he later withdrew.
- On January 6, 2009, Dizon filed a complaint against the respondents for total and permanent disability benefits, medical expenses, and other claims.
- He argued that his illness was work-related due to stressful working conditions.
- The Labor Arbiter ruled in his favor, awarding US$66,000.00 in benefits.
- The NLRC reversed this decision, citing Dizon's failure to comply with the mandatory post-employment medical examination and lack of proof that his illness was work-related.
- The Court of Appeals affirmed the NLRC's decision, prompting Dizon to file a petition for review before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Dizon's petition, affirming the decisions of the Court of Appeals and the NLRC.
- The Court ruled that Dizon was not entitled to disability benefits due to his failure to comply with the mandatory post-employment ...(Unlock)
Ratio:
- The Supreme Court emphasized that seafarers' entitlement to disability benefits is governed by medical findings and the law, specifically the 2000 POEA-SEC.
- Under Section 20(B), paragraph 3 of the POEA-SEC, a seafarer must undergo a post-employment medical examination within three working days of repatriation.
- Non-compliance with this requirement results in forfeiture of the right to claim benefits, including disability compensation.
- Dizon did not provide a valid reason for his non-compliance, and his cla...continue reading
Case Digest (G.R. No. 201834)
Facts:
The case involves Andres L. Dizon as the petitioner against Naess Shipping Philippines, Inc. and DOLE UK (Ltd.) as respondents. Dizon was employed by the respondents as a cook on various vessels since 1976, culminating in his last contract as Chief Cook on the vessel DOLE COLOMBIA, which began on March 6, 2006, and ended on February 14, 2007. His employment contract stipulated a duration of nine months, a basic monthly salary of US$670.00, and various terms regarding overtime and vacation leave. After completing his contract, Dizon went on vacation and was called for another employment contract. However, during a pre-employment medical examination in March 2007, he was declared unfit for sea duties due to uncontrolled hypertension and coronary artery disease, as certified by the Marine Medical and Laboratory Clinic (MMLC). Dizon sought a second opinion from Seamen's Hospital, which declared him fit for sea duty, but MMLC denied his request for re-examination.
In November 2008, Dizon filed a complaint with the Department of Labor and Employment, which he later withdrew. On January 6, 2009, he filed a complaint against the respondents for total and permanent disability benefits, medical expenses, and other claims before the Labor Arbiter. Dizon argued that his illness was work-related, citing stressful working conditions. The Labor Arbiter ruled in his favor, awarding him US$66,000.00 in benefits. However, the National Labor Relations Commission (NLRC) reversed this decision, stating that Dizon failed to comply with the mandatory post-employment medical examination within three working days of his repatriation and did not prove that his illness was work-related. The Court of Appeals affirmed the NLRC's decis...