G.R. No. 107756 - Balbalec vs. National Labor Relations Commission

Petitioners: EMS Crew Management Philippines, EMS Ship Management (Singapore) Pte., Ltd., and Robert C. Bandivas.
Respondent: Erwin C. Bauzon, a seafarer employed as an Able Seaman.

Bauzon was hired on September 24, 2009 by EMS Phils. for deployment on the vessel M/T D. Elephant.
His employment contract was duly approved by the Philippine Overseas Employment Administration (POEA) and was governed by a Collective Bargaining Agreement with AMOSUP.
Prior to embarkation, he underwent a Pre-Employment Medical Examination (PEME) and was declared “fit for sea duty.”
The employment commenced on October 20, 2009.

While on board, Bauzon experienced difficulty swallowing and severe throat pain.
Despite notifying the vessel’s master about his symptoms, he was advised to complete his contract.
Persistent pain led him to request medical repatriation on August 2, 2010, and he arrived in Manila on August 3, 2010.
Upon repatriation, Bauzon immediately reported his condition to EMS Phils. and was referred to their accredited Seamen’s Hospital.
The first ultrasound of his thyroid indicated findings of a multinodular goiter with hypervascular solid nodules and a complex mass, along with small cervical lymph nodes.
A subsequent consultation on September 26, 2010, resulted in a diagnosis of Colloid Cystic Goiter, followed by a bilateral thyroidectomy with isthmusectomy.
Further follow-up examinations, including a histopathologic examination on December 13, 2010, and a diagnosis on January 21, 2011, revealed residual thyroid tissue and adenoma.
On March 9, 2011, Dr. Manuel C. Jacinto, Jr. diagnosed Bauzon with Papillary Cancer and declared him physically unfit to return to work, deeming his disability as permanent and total.

The Labor Arbiter issued a decision (June 28, 2011) awarding him US$89,100 for disability benefits, US$2,322.66 as sickness wage, and a 10% attorney’s fees award.
The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter’s decision in its December 23, 2011 ruling, upholding Bauzon’s entitlement based on the work-related nature of his illness.
Both the NLRC and later petitions for reconsideration (including the December 26, 2012 resolution) denied petitioners’ attempts to reverse the award.

Petitioners filed a Petition for Certiorari with the Court of Appeals challenging:

The sufficiency of evidence establishing a causal link between Bauzon’s employment and his illness (citing Casomo v. Career Philippines Shipmanagement, Inc.).
The CA’s alleged grave abuse of discretion in disregarding the categorical mandate of Section 20(B) of the POEA-SEC regarding sickness allowance for only medically repatriated seafarers.
The failure to reverse the NLRC’s award of attorney’s fees to Bauzon.

The Court of Appeals, in its August 31, 2012 decision, upheld the findings of the NLRC, finding that Bauzon’s papillary cancer was work-related and denying the petition for review.

Whether the Court of Appeals erred by not reversing its ruling in light of the Supreme Court’s decision in Casomo v. Career Philippines Shipmanagement, Inc., particularly regarding the burden on the seafarer to present substantial evidence linking his illness with his employment.
Whether the Court of Appeals committed grave abuse of discretion in:

Disregarding the categorical mandate of Section 20(B) of the POEA-SEC which limits the entitlement to sickness allowance to medically repatriated seafarers.
Refusing to reverse and set aside the NLRC’s award of attorney’s fees to Bauzon.

Whether Bauzon’s diagnosis of papillary cancer is compensable as a work-related illness, considering the evidentiary link between his duties as an Able Seaman and the development and aggravation of his condition during the term of his employment.