Case Digest (G.R. No. 256137)
Facts:
Maersk-Filipinas Crewing, Inc. and A.P. Moller A/S v. Eugenio T. Lumagas, G.R. No. 256137 and G.R. No. 256154, October 16, 2024, the Supreme Court First Division, Hernando, J., writing for the Court. The cases were consolidated and arise from competing petitions for review on certiorari under Rule 45.Eugenio T. Lumagas (respondent/petitioner in the separate petitions) was employed as an Electrical Engineer aboard the vessel Thomas Maersk by Maersk-Filipinas Crewing, Inc. and A.P. Moller A/S (petitioners/respondents). Lumagas had been in the employers' service for about 12 years and agreed to a POEA-approved Standard Employment Contract (2010 POEA-SEC) with a basic salary of USD 1,099.00. In December 2014, Lumagas underwent the required pre-employment medical examinations and was certified “fit to work.” He boarded the vessel on January 21, 2015.
While performing the demanding duties of an Electrical Engineer—which included maintenance of electrical motors, switchboards, fire and navigational electrical systems, and routine presence in the engine room—Lumagas experienced severe chest pains and dyspnea on May 7, 2015. He received medical attention only when the vessel docked in the Republic of Congo on May 11, 2015, and was repatriated on May 16, 2015. Company-designated physicians and hospital tests diagnosed Deep Vein Thrombosis, Ischemic (Coronary) Heart Disease, and Protein-S Deficiency, and recommended continued treatment in the Philippines; the company physician proposed a disability grading of Grade 7 (moderate or residual disorder), and on October 13, 2015 the company physician issued a final disability grading of Grade 7. Lumagas later consulted a private physician, Dr. May S. Donato-Tan, who on December 9, 2015 opined that Lumagas was permanently and totally unfit for seafaring duties.
On December 14, 2015, Lumagas filed a complaint with the Labor Arbiter (LA) seeking total and permanent disability benefits. On May 31, 2016 the LA ruled for Lumagas and awarded total and permanent disability of USD 90,000.00, sickness allowance of USD 2,800.00, and attorney’s fees (10% of the monetary award), finding a reasonable work-related causal connection and that the POEA-SEC conditions for compensability were met. The employers appealed.
On October 17, 2016 the National Labor Relations Commission (NLRC) partially granted the appeal, modified the LA award, and ordered respondents to pay Lumagas USD 20,900.00 as permanent and partial disability benefits (applying the company-designated physician’s Grade 7 assessment), while otherwise sustaining the LA’s awards; Commissioner Dominador B. Medroso, Jr. filed a dissent favoring the LA’s total and permanent award. Reconsideration motions before the NLRC were denied in its January 27, 2017 Resolution.
Both parties filed separate petitions for certiorari with the Court of Appeals (CA). The CA in its September 19, 2019 Decision affirmed the NLRC, holding that Lumagas failed to comply with the POEA-SEC conflict-resolution procedure (Section 20(A)(3)) to invoke a third doctor; the CA likewise found the illness work-related and compensable and sustained the award of attorney’s fees and si...(Pro-only)
Issues:
- Whether the Supreme Court may disturb the factual findings of the labor tribunals regarding compensability under a Rule 45 petition.
- Whether Lumagas’s illnesses are work-related and therefore compensable.
- Whether the Grade 7 disability assessment issued by the company-designated physician is final and controlling despite Lumagas’s contrary private physician’s opinion.
- Whether Lumagas is disqualified from benefits for allegedly concealing his Hepatitis B carrier status during pre-employment medical examination.
- Whether the awards of attorney...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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