Case Digest (P.E.T. Case No. 002) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
The case involves petitioner companies Fleet Management Services Philippines, Inc., Fleet Ship Management, Inc., and petitioner Janette T. Tumbali, against respondent Alejandro G. Lescabo. Lescabo was employed by Fleet Ship on successive contracts since 2012 as a fitter. In his last contract in 2019, he was assigned aboard the MV Silverstone Express. The contract included the provisions of the 2010 POEA Standard Employment Contract. Lescabo's duties involved strenuous and physically demanding tasks, including engine maintenance and repair, fabrication of parts, and maintaining machinery under the direction of senior engineers. During his work, Lescabo started experiencing serious health issues including weakness, vomiting, dizziness, fever, and hiccups. After medical treatment for pneumonia and related complications abroad, he was declared unfit to work and repatriated on October 11, 2019. Upon repatriation, company-designated physicians evaluated him, with mixed medical conclus Case Digest (P.E.T. Case No. 002) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Employment Background
- Petitioners: Fleet Management Services Philippines, Inc., Fleet Ship Management, Inc., and Janette T. Tumbali (collectively "Fleet Ship").
- Respondent: Alejandro G. Lescabo, seafarer hired as a fitter under successive contracts since 2012.
- Fleet Ship Management, Inc. acts as the foreign principal, with Fleet Management Services Philippines, Inc. as the local recruitment agency.
- Employment Terms and Job Description
- Lescabo boarded MV Silverstone Express in February 2019 under a 9-month contract.
- The 2010 Philippine Overseas Employment Agency Standard Employment Contract (POEA-SEC) was incorporated into their contract.
- Duties included assisting in operation, maintenance, repair of deck and engine room machinery; handling fuel and lubricants; dry-docking assistance; fabrication and installation of piping; maintenance of power tools; bunkering assistance; cleanliness of the engine room; sea and port watch duty; and other tasks directed by the chief engineer.
- Medical Condition and Initial Diagnosis
- Lescabo experienced symptoms like weakness, vomiting, dizziness, fever, and hiccups in September 2019 while working on engine overhaul and boiler refurbishment.
- Initially diagnosed with bronchitis in a Hong Kong clinic but resumed work after medication.
- Subsequent episodes led to hospitalization in Bangkok, Thailand; diagnosed with Sepsis, Severe Hyponatremia-induced alteration of consciousness, Pneumonia, and Syndrome of Inappropriate Antidiuretic Hormone Secretion (SIADH).
- Declared unfit for work and repatriated to the Philippines on October 11, 2019.
- Medical Assessments upon Repatriation
- Referred to Fleet Ship's designated physician, Dr. Nicomedes G. Cruz, and his team.
- Dr. Jocyn San Andres diagnosed pneumonia and hyponatremia initially; pneumonia resolved by January 20, 2020 but hyponatremia and acid peptic disease persisted.
- Scheduled follow-up for February 10, 2020.
- Contrary to the scheduled examination, on February 7, 2020, Dr. Amado G. Regino issued a final medical report declaring Lescabo fit to resume sea duties without a personal examination.
- Lescabo's Additional Medical Opinion and Legal Action
- Lescabo sought a second opinion from Dr. Felix T. Terencio, who declared him unfit for seafaring duties.
- Lescabo filed a complaint via National Conciliation Mediation Board (NCMB); after failure to conciliate, case was referred to the labor arbiter (LA).
- Labor Arbiter's and NLRC's Rulings
- LA awarded Lescabo permanent and total disability benefits amounting to USD 60,000, sickness allowance, medical expenses reimbursement, and attorney's fees.
- NLRC affirmed LA's ruling but deleted sickness allowance and adjusted attorney's fees to USD 6,000, totaling USD 66,000 in benefits.
- Court of Appeals Decision
- CA denied Fleet Ship's Petition for Certiorari and motion for reconsideration, affirming the disability benefits award.
Issues:
- Whether the Court of Appeals erred in affirming the award of permanent and total disability benefits to Lescabo.
- Whether the company-designated physicians issued a valid, final, and definite medical assessment under the POEA-SEC.
- Whether the third-doctor-referral rule was violated by Lescabo.
- Whether the award of attorney's fees and legal interest to Lescabo was proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)