Case Digest (G.R. No. 203472)
Facts:
On July 21, 2004, petitioner Norwegian Cruise Line hired respondent Henry M. Simbajon as a cook on board its vessel, the Norwegian Star (Hotel), under a Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), with employment processing coursed through petitioner Magsaysay Maritime Corporation, the authorized manning agent in the Philippines, and for the fourth time in succession. Prior to hiring, Simbajon underwent and passed the mandatory Pre-Employment Medical Examination (PEME), where he was required to disclose existing and prior medical conditions, including diabetes, and his test results gave him a clean bill of health and declared him fit for employment or fit for sea service. On July 24, 2004, only six days after embarkation, he complained of increased urination and constant thirst, consulted the ship’s doctor, and was initially diagnosed with possible Diabetes mellitus Type II (DM Type II), which was confirmed by an on-shore physician whil...Case Digest (G.R. No. 203472)
Facts:
Respondent Henry M. Simbajon was hired on July 21, 2004 as a cook on board Norwegian Star (Hotel) by Norwegian Cruise Line, coursed through Magsaysay Maritime Corporation, under a POEA-SEC and after passing the required PEME, during which he denied diabetes and was declared fit. Six days after embarkation, he developed symptoms of DM Type II, was repatriated on August 15, 2004, and repeatedly examined thereafter, with multiple later findings showing the illness to be asymptomatic and eventually declared fit to work on February 2, 2005; however, petitioners did not rehire him.Simbajon sought disability benefits, illness allowance, reimbursement of medical expenses, damages, and attorneys fees, but the Labor Arbiter found the illness work-related and awarded permanent and total disability benefits. The NLRC reversed and held the disease not work-related; the Court of Appeals further reversed the NLRC and directed permanent and total disability benefits, prompting petitioners to seek review by the Supreme Court.
Issues:
- Whether Simbajon proved that his DM Type II was compensable as a work-related occupational disease under the POEA-SEC.
- Whether, despite the company-designated physicians’ fit-to-work assessment, Simbajon was entitled to permanent and total disability benefits for inability to work beyond one hundred twenty (120) days.
- Whether Simbajon was entitled to an award of attorneys fees.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)