Case Digest (G.R. No. 223295)
Facts:
Falcon Maritime and Allied Services, Inc., Yokohama Marine and Merchant Corporation, and/or Florida Z. Jose v. Angelito B. Pangasian, G.R. No. 223295, March 13, 2019, the Supreme Court Second Division, Reyes, J., writing for the Court. Petitioners (the manning companies and agent) challenged the Court of Appeals' affirmation with modification of an arbitral award granting respondent seafarer permanent and total disability benefits, moral damages, illness allowance, medical reimbursement and attorney’s fees.From 2002 to 2012 Angelito B. Pangasian (respondent) was repeatedly employed by the petitioners as Chief Cook. After a pre‑employment medical exam on April 13, 2011 declaring him “fit for sea duty,” he boarded M/V New Hayatsuki on July 23, 2011 under a POEA‑approved contract covered by the International Bargaining Forum CBA. While aboard he performed customary cook duties and assisted in loading/unloading heavy sacks of fish on multiple occasions.
Respondent alleged onset of testicular swelling and pain on March 15, 2012 after heavy lifting and on April 17, 2012 slipped while loading a heavy sack and felt a “crack” in his lower back. He reported worsening testicular and back pain to the shipmaster and requested referral to a port doctor; he was repatriated and arrived in the Philippines on May 18, 2012. On May 21, 2012 the company‑designated physician, Dr. Comising, examined him and diagnosed bilateral varicocoele; subsequent ultrasound and tests confirmed this and varicococelectomy was performed on June 26, 2012. Follow‑up visits through August 28, 2012 resulted in a “fit to work” finding.
Dissatisfied with persistent back pain, respondent sought further diagnostics at his own expense: an MRI on September 21, 2012 showed degenerative disc disease L3‑L4/L4‑L5 and a broad‑based disc bulge with annular tear at L4‑L5. Subsequent consultations and physical therapy documented herniated nucleus pulposus and ongoing lumbar disability. He filed a Notice to Arbitrate on December 11, 2012.
On November 5, 2013 the Panel of Voluntary Arbitrators (NCMB‑NCR) awarded respondent US$60,000 for disability, moral damages, illness allowance, medical reimbursement and 10% attorney’s fees, reasoning that his multiple conditions were work‑related, that the company physician’s “fit to work” finding was not conclusive, and that petitioners’ conduct justified moral damages and fees. Reconsideration was denied March 24, 2014.
...(Subscriber-Only)Issues:
- Did the Court of Appeals err in affirming the award of permanent and total disability benefits to respondent for his alleged back condition?
- Did the Court of Appeals err in concluding respondent was permanently unfit for sea duties on the basis that he was unable to perform any gainful occupation for more than 120 days?
- Did the Court of Appeals err in awarding sickness/illness allowance and medical reimbursements to respondent?
- Did the Court of Appeals err in awarding mor...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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