Case Digest (G.R. No. 186180)
Facts:
Magsaysay Maritime Corporation and/or Cruise Ships Catering and Services International N.V. v. National Labor Relations Commission (Second Division) and Rommel B. Cedol, G.R. No. 186180, March 22, 2010, the Supreme Court Second Division, Brion, J., writing for the Court.Petitioners are Magsaysay Maritime Corporation and its foreign principal Cruise Ships Catering and Services International N.V.; respondents are the National Labor Relations Commission (Second Division) and Rommel B. Cedol (the seafarer-claimant). Cedol was employed under a seven-month contract beginning July 14, 2004 as assistant housekeeping manager aboard the vessel Costa Mediterranea with a basic monthly wage of US$482.00. He had previously served in similar capacities on petitioners' vessels from 2000 to 2004. Cedol underwent the company Pre-Employment Medical Examination (PEME) and was declared fit to work before deployment on July 19, 2004.
In November 2004 Cedol experienced abdominal pain; an exploratory laparotomy on January 18, 2005 revealed a massive tumor in the terminal ileum and ascending colon, and he underwent a right hemicolectomy. Histopathology reported malignant lymphoid infiltration consistent with intestinal lymphoma. He was repatriated to the Philippines February 1, 2005, and placed under the care of the company-designated physician, Dr. Susannah Ong-Salvador, who in an Initial Medical Report (Feb. 10, 2005) concluded the lymphoma was non-work-related. Cedol underwent further treatment including excision biopsy and six cycles of chemotherapy; a Medical Progress Report later declared him in complete remission and "fit to resume sea duties."
On June 16, 2006 Cedol filed before the Labor Arbiter a complaint for total and permanent disability benefits, medical reimbursement, damages and attorney's fees, claiming his illness was work-related. Labor Arbiter Marita V. Padolina found for Cedol, declared him permanently and totally disabled, and awarded US$60,000.00 disability compensation and US$6,000.00 attorney's fees, reasoning that employment need only have contributed even in a small degree to the illness and that Cedol was unfit to resume sea service after chemotherapy.
The NLRC affirmed the Labor Arbiter in an April 30, 2008 resolution and denied reconsideration on July 31, 2008, holding that a reasonable connection existed between Cedol's employment and his illness and that he could no longer earn wages in his former trade. Petitioners filed a certiorari petition (with prayer for preliminary injunction/TRO) with the Court of Appeals (CA-G.R. SP. No. 105625). The CA denied the petition on December 15, 2008 and denied reconsideration on January 28, 2009, affirming that under the 2000 POEA Standard Employment Contract (POEA-SEC) an employment contribution to disease suffices and that...(Pro-only)
Issues:
- May this Court re-examine factual findings of the NLRC and the Court of Appeals under a Rule 45 petition based on alleged insufficiency of evidence and grave abuse of discretion?
- Was respondent Rommel B. Cedol’s lymphoma shown to be work-related so as to entitle him to permanent and total disability benefits under the 2000 POEA Standard Employment Contract and governing labor law?
- Are the findings of the company-designated physician binding on the...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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