Case Digest (G.R. No. L-49539)
Facts:
In the case of Magsaysay Maritime Corporation and/or Cruise Ships Catering and Services International N.V. vs. National Labor Relations Commission (Second Division) and Rommel B. Cedol, G.R. No. 186180, decided on March 22, 2010, the facts are as follows: Rommel B. Cedol (respondent) entered into a contract of employment with the petitioner Magsaysay Maritime Corporation for a duration of seven months to serve as an assistant housekeeping manager aboard the vessel Costa Mediterranea, with a base monthly salary of US$482.00. Following mandatory Pre-Employment Medical Examination (PEME), he was declared fit for work and boarded the vessel on July 19, 2004. In November 2004, he began suffering from severe pain in his lower right quadrant and was subsequently hospitalized in Cyprus, where he underwent an exploratory laparotomy on January 18, 2005, revealing a malignant tumor diagnosed as lymphoma. Following his surgery and treatment, he was repatriated to the Philippines on Februar
Case Digest (G.R. No. L-49539)
Facts:
- Employment and Service Background
- The respondent, Rommel B. Cedol, entered into a seven‐month employment contract on July 14, 2004, with Magsaysay Maritime Corporation for its foreign principal, Cruise Ships Catering and Services International N.V.
- He was employed as an assistant housekeeping manager aboard the vessel Costa Mediterranea with a basic monthly salary of US$482.00.
- Prior to this contract, Cedol was already employed in similar capacities (as a housekeeping cleaner and assistant housekeeping manager) on other vessels from 2000 to 2004.
- Medical Condition and Diagnosis
- In November 2004, Cedol experienced pain in his lower right quadrant, prompting a consultation at the Andreas Constantinou Medical Center in Cyprus.
- On January 18, 2005, he underwent an exploratory laparotomy that revealed a massive tumor in the terminal ileum and the ascending colon near the hepatic flexure.
- He subsequently underwent a right hemicolectomy with end-to-end ileo-transverse anastomosis.
- The Histopathology Report confirmed the presence of a malignant lymphoid infiltration consistent with intestinal lymphoma.
- Post-Hospitalization Developments and Medical Evaluations
- Cedol was discharged and repatriated to the Philippines on February 1, 2005.
- Upon repatriation, he came under the care of the company-designated physician, Dr. Susannah Ong-Salvador.
- In her Initial Medical Report dated February 10, 2005, she diagnosed him with lymphoma and declared his condition as non-work-related.
- On April 14, 2005, Cedol underwent an excision biopsy at the Chinese General Hospital.
- A subsequent Medical Progress Report noted that after six sessions of chemotherapy, his recurrent lymphoma was in complete remission and declared him “fit to resume sea duties.”
- Filing of the Complaint and Determinations by Labor Authorities
- On June 16, 2006, the respondent filed a complaint before the Labor Arbiter seeking total and permanent disability benefits, reimbursement of medical and hospital expenses, damages, and attorney’s fees.
- The Labor Arbiter, Marita V. Padolina, ruled in favor of Cedol:
- Finding him permanently and totally disabled.
- Awarding him disability compensation amounting to US$60,000.00 (or its peso equivalent) and US$6,000.00 for attorney’s fees.
- Holding that his illness, although not primarily caused by work, was aggravated by his employment, noting that his repeated “fit to work” clearances from pre-employment medical examinations (PEMEs) did not preclude aggravation by his working environment.
- The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter’s decision in its resolution on April 30, 2008, and later denied the petitioners’ motion to reconsider on July 31, 2008.
- Procedural Posture and the Petition
- Petitioners (Magsaysay Maritime Corporation and Cruise Ships Catering and Services International N.V.) filed a petition for certiorari before the Court of Appeals, seeking a writ of preliminary injunction and/or temporary restraining order.
- The Court of Appeals (CA) denied the petition on December 15, 2008, and again on January 28, 2009, upholding the decisions of both the Labor Arbiter and the NLRC.
- In their petition, the petitioners argued that:
- The evidence on record did not support the determination that Cedol’s lymphoma was work-related.
- The findings of the company-designated physician, Dr. Ong-Salvador (declaring the illness as non-work-related), should be given due weight.
- Cedol’s duties as an assistant housekeeping manager did not expose him to carcinogenic substances or conditions that could plausibly cause lymphoma.
- In his comment, the respondent countered by claiming that:
- The opinions of company-designated physicians are not conclusive due to their lack of independence.
- His illness, having been preceded by “fit to work” determinations in his PEMEs, must therefore be connected to his work.
Issues:
- Whether the respondent’s claim for total and permanent disability benefits is justified even though the company-designated physician declared his lymphoma as non-work-related.
- Does the fact that Cedol passed the PEMEs negate the possibility of his illness being aggravated by work conditions?
- Is there sufficient evidence to establish a causal connection between his employment as an assistant housekeeping manager and the development or aggravation of lymphoma?
- Whether the decisions rendered by the Labor Arbiter and the NLRC, which relied on the principle that a work-related injury need only be contributory (and not the primary cause), are supported by the evidence.
- Whether the Court of Appeals erred in not finding grave abuse of discretion in the earlier decisions that awarded disability benefits despite the absence of substantial contrary evidence challenging the company-designated physician’s findings.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)