Case Digest (G.R. No. 189577)
Facts:
This case revolves around the petitioner Magsaysay Mitsui OSK Marine, Inc. and MOL Tankship Management (Asia) Pte Ltd. and the respondent Juanito G. Bengson. Bengson has been employed as a seafarer since 1986, progressing from a Deck Cadet to a Third Mate Officer. His most recent employment contract, which was his 22nd, began on August 7, 2007, for a duration of nine months, aboard the vessel aKN TRADERa, with a basic monthly salary of $814. Bengson successfully passed his Pre-Employment Medical Examination (PEME) on August 11, 2007. However, on October 5, 2007, while performing his regular duties, he experienced severe breathing difficulties and numbness. This prompted him to seek medical assistance. He was subsequently admitted to Izola General Hospital in Slovenia and diagnosed with various serious conditions, including partial paralysis and a small hematoma in the left part of his cranium. After his repatriation on October 21, 2007, Bengson was treated at Manila Doctors HospCase Digest (G.R. No. 189577)
Facts:
- Background of Parties and Employment
- Respondent Juanito G. Bengson has been employed as a seafarer since 1986, initially as a Deck Cadet and later advancing to the position of Third Mate Officer.
- He was employed by Magsaysay Mitsui OSK Marine, Inc. (herein “Magsaysay, Inc.”) and, by extension, on behalf of its foreign principal MOL Tankship Management (Asia) Pte. Ltd.
- His employment history is characterized by continuous contract renewals and long years of service, evidencing his longstanding engagement with petitioners.
- Contract and Deployment Details
- On August 7, 2007, at the age of 45, Bengson entered his 22nd contract as a Third Mate Officer.
- The contract had a duration of nine (9) months with a stipulated basic monthly salary of US$814.00 for a minimum of 40 hours of work per week.
- Prior to deployment, Bengson underwent a Pre-Employment Medical Examination (PEME) on August 11, 2007 and was declared fit for duty.
- Onset of Illness and Medical Developments
- On October 5, 2007, after performing his regular duties on board, Bengson experienced difficulty in breathing and numbness on one side of his body.
- Initially attributing the symptoms to fatigue, he rested but later sought assistance after his condition persisted.
- On October 7, 2007, Bengson was admitted to the Neurological Department of Izola General Hospital in Slovenia.
- He was confined for three days.
- His condition included partial paralysis of the right hand and minor paralysis of the right leg.
- A Computed Tomography (CT) Scan revealed a small hematoma in the left part of his cranium.
- Post-hospitalization developments:
- Bengson was repatriated on October 21, 2007, immediately upon arrival in the Philippines.
- He was brought to the Manila Doctors Hospital for further medical treatment under the supervision of Dr. Benigno F. Agbayani, Jr.
- His diagnostic tests later detailed a stroke, hypertension, carotid bruit, Transient Ischemic Attack (T.I.A.), hemiplegia, and other cardiovascular complications.
- Medical Assessment and Subsequent Employer Response
- On November 4, 2007, Dr. Agbayani issued an Initial Out-Patient Consult Report declaring that Bengson’s hematoma was not work-related.
- As a consequence of this declaration, Magsaysay, Inc. and MOL Tankship did not pursue any further assessment regarding Bengson’s disability grade.
- Bengson continued his medication regime but was rendered unable to resume his seafaring duties due to the severity of his condition.
- Filing of the Disability Compensation Claim and Labor Proceedings
- Bengson filed a complaint for disability compensation claiming:
- Total and permanent disability benefits.
- Reimbursement of medical and transportation expenses.
- Damages and attorney’s fees.
- During the grievance proceedings before the Associated Marine Officers and Seamen’s Union of the Philippines (AMOSUP), his claim was denied by petitioners.
- The Labor Arbiter, in NLRC OFW Case No. (M) 07-10402-08, subsequently ruled in favor of Bengson awarding:
- US$137,500.00 as work-related disability compensation under the IBF JSU/AMOSUP-IMMA Collective Bargaining Agreement (CBA).
- Attorney’s fees amounting to 10% of the claim.
- All other claims were dismissed for lack of merit.
- Subsequent Procedural History
- The decision of the Labor Arbiter was set aside by the National Labor Relations Commission (NLRC) on August 31, 2010, where the NLRC held that the IBF JSU/AMOSUP-IMMA CBA was applicable only in cases arising from an accident.
- The Court of Appeals (CA) reinstated, with modifications, the Labor Arbiter’s decision on July 15, 2011.
- The CA modified the award, awarding US$60,000.00 (representing 120% of the benefit under the 2000 POEA Standard Terms) to Bengson.
- The award of attorney’s fees equivalent to 10% of the amount was also included.
- Petitioners filed motions for reconsideration, which were ultimately denied, leading to the present Petition for Review on Certiorari.
Issues:
- Whether the Court of Appeals erred in disregarding the expert opinion of the company-designated physician which stated that Bengson’s illness was not work-related.
- Whether the Court of Appeals committed an error in ruling that Bengson’s cerebrovascular accident, and its associated manifestations, were compensable even when not all formal requisites for its classification as occupational disease were met.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)