Case Digest (G.R. No. 241067)
Facts:
Raegar B. Ledesma v. C.F. Sharp Crew Management, Inc., and/or Prestige Cruise Services, LLC/Prestige Cruise Holdings, Inc., and Geronimo F. Caidic, G.R. No. 241067, October 05, 2022, Supreme Court First Division, Gesmundo, C.J., writing for the Court.Petitioner Raegar B. Ledesma was employed under a seven‑month POEA-SEC contract in September 2014 as Chief Fireman aboard the M/V Regatta through respondent C.F. Sharp Crew Management, Inc. (for Prestige Cruise). He underwent a pre‑employment exam and was declared fit. In March–April 2015 he developed drowsiness, loud snoring, easy fatigability, shortness of breath and other symptoms; shipboard and U.S. hospital evaluations diagnosed obstructive sleep apnea, hypertension, diabetes mellitus and possible congestive heart failure, and he was repatriated on April 13, 2015.
Upon return, petitioner was treated by the company‑designated physician, Dr. Esther G. Go, who supervised numerous consultations, procedures (including tonsillectomy) and diagnostic tests between April and July 2015. Dr. Go’s July 31, 2015 final medical report indicated petitioner had reached maximum medical improvement, was “not unfit for further sea duties,” and opined his conditions were not work‑related or work‑aggravated; she suggested, if any disability were awarded, a Grade 12 slight residual disorder. Dissatisfied, petitioner consulted a private physician, Dr. May S. Donato‑Tan, who after a single visit issued a September 10, 2015 medical certificate declaring him permanently disabled and unfit for sea duty.
Petitioner’s counsel sent respondents a September 15, 2015 letter stating the independent opinion and requesting a jointly agreed third medical opinion and copies of medical records pursuant to Sec. 20(F) of the POEA-SEC. When there was no meaningful response, petitioner filed a complaint with the Panel of Voluntary Arbitrators (PVA) for total and permanent disability compensation and other relief.
The PVA (majority) ruled for petitioner on November 18, 2016, finding chronic tonsillitis, hypertension and HACVD listed under Sec. 32‑A of the POEA‑SEC and awarding US$60,000 as total and permanent disability benefits; one MVA dissented, opining the company physician’s assessment carried more weight. The PVA denied reconsideration; respondents filed a petition for review with the Court of Appeals (CA).
The CA (CA‑G.R. SP No. 151396) reversed the PVA on February 28, 2018, dismissing petitioner’s complaint and holding that Dr. Go’s repeated monitoring and assessment — including a declaration of fitness to return t...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit reviewable error in finding petitioner’s illnesses not work‑related when the company‑designated physician did not make an expressly categorical certification of unfitness?
- Is petitioner entitled to total and permanent disability benefits for hypertension, diabetes mellitus, chronic tonsillitis, obstructive sleep apnea and probable congestive heart failure under the POEA‑SEC and applicable law?
- Did petitioner’s September 15, 2015 demand letter suffice to set in motion the process for a jointly agreed third doctor, and, if the employer failed to act, may tribunals resolve the conf...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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