Case Digest (G.R. No. 222523)
Facts:
Jose John C. Guerrero v. Philippine Transmarine Carriers, Inc., Celebrity Cruises, and Carlos C. Salinas, G.R. No. 222523, October 03, 2018, Supreme Court Third Division, Peralta, J., writing for the Court.Petitioner Jose John C. Guerrero (Guerrero) sued respondents Philippine Transmarine Carriers, Inc. (PTCI), Celebrity Cruises (CC), and Carlos C. Salinas for permanent and total disability benefits, compensatory, exemplary and moral damages, and attorney’s fees, alleging a work-related spinal injury sustained while performing duties aboard the vessel GTS Constellation. Guerrero claimed he was hired as a casino dealer, underwent pre-employment medical clearance, embarked October 12, 2011, and in January 2012 while assisting elderly guests in wheelchairs during a gastro-intestinal outbreak he suffered a back injury that progressively worsened.
Guerrero underwent an MRI while docked in the Caribbean showing lumbar spondylosis and nerve root compression and was medically repatriated to the Philippines on March 26, 2012. He received follow-up treatment at Manila Doctors Hospital and the Philippine General Hospital; on October 19, 2012 Dr. Adrian Catbagan performed Transforaminal Lumbar Interbody Fusion L3-L4 & L4-L5. On January 17, 2013 Dr. Cesar H. Garcia issued a certificate declaring Guerrero “UNFIT for further sea service in whatever capacity as a SEAFARER.”
Respondents contested work-relatedness, submitting a Crew Injury Statement (March 22, 2012) and a Personal Injury/Illness Statement attributing the injury to a gym workout on January 22, 2012. They argued use of the crew gym was not part of Guerrero’s casino-dealer duties and therefore the injury was non-compensable. Respondents counterclaimed for damages for filing a baseless complaint.
The Labor Arbiter (LA) found for Guerrero, holding PTCI and CC jointly and severally liable to pay US$60,000 as total permanent disability benefits and attorney’s fees; Carlos Salinas was dropped as a respondent and other claims were dismissed. PTCI and CC appealed to the National Labor Relations Commission (NLRC). The NLRC reversed the LA on July 31, 2013, dismissed Guerrero’s complaint for utter lack of merit, and denied reconsideration on September 13, 2013.
Guerrero filed a Rule 65 petition for certiorari with the Court of Appeals (CA), which denied the petition in a Se...(Subscriber-Only)
Issues:
- Did the petition raise only factual issues such that the Supreme Court must abstain from reweighing the factual findings of the NLRC and the CA?
- Was Guerrero’s lumbar injury compensable as a work-related disability under the POEA Amended Standard Terms and Conditions and prevailing jurisprudence?
- Do the medical certificates (Dr. Garcia’s one-day certificate and the alleged failure of the company physician to issue a certificate within 240 days) establish entitlement ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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