Case Digest (G.R. No. 196122)
Facts:
Joel B. Monana v. MEC Global Shipmanagement and Manning Corporation and HD Herm Davelsberg GmbH, G.R. No. 196122, November 12, 2014, the Supreme Court Second Division, Leonen, J., writing for the Court.Petitioner Joel B. Monana was employed by MEC Global Shipmanagement and Manning Corporation with foreign principal HD Herm Davelsberg GMBH as an ordinary seafarer for a six‑month contract on board M/V Bellavia, boarding on September 11, 2006. His shipboard duties included cleaning, chipping, painting and assisting in deck work. On January 22, 2007, Monana experienced sudden dizziness, blurring of vision, slurred speech and right‑sided numbness; the ship doctor prescribed oral antihypertensives and he was airlifted to Honolulu Medical Center the next day where he was treated and diagnosed with a stroke. He underwent brief rehabilitation abroad and was repatriated to the Philippines on January 31, 2007.
Upon repatriation Monana was referred to the company‑designated physician, Dr. Susannah Ong‑Salvador, and was initially confined at the University of Santo Tomas Hospital, then continued treatment and physical therapy with company‑designated doctors in Iloilo. In a February 19, 2007 reply to a medical query Dr. Ong‑Salvador concluded that Monana’s condition was "non‑work related" and mainly of heredofamilial etiology; Monana did not dispute that report. Respondents nonetheless continued to provide medical assistance. Specialist reports from neurologist Dr. Generoso D. Licup and cardiologist Dr. Glenn A. Mana‑ay recorded S/P stroke and hypertensive cardiovascular disease with gradual improvement. On August 23, 2007 Monana obtained a second opinion from cardiologist Dr. Efren R. Vicaldo (private physician) who declared the illness work‑related/‑aggravated and that Monana was unfit to resume seafaring duty.
Monana filed a complaint for disability and illness allowance with the Regional Arbitration Branch. The Labor Arbiter (Daniel J. Cajilig) ruled for Monana on May 30, 2008 and awarded US$60,000 as disability benefits plus attorneys’ fees. The National Labor Relations Commission (Third Division) vacated that decision by resolution dated January 30, 2009 and ordered respondents to grant financial assistance of US$3,000. The Court of Appeals (Special Thirteenth Division) affirmed the NLRC and dismissed Monana’s petition by decision dated February 26, 2010; reconsideration was denied. Monana filed a petition for review under Rule 45 raising, inter alia, that his hypertension/stroke was compensable and work‑related, that Dr. Vicaldo’s opinion should be preferred over the company physician’s, that his disability should be deemed total and permanent after 240 days without a c...(Subscriber-Only)
Issues:
- Under Rule 45, may the Supreme Court re‑examine the NLRC’s factual findings and medical‑credibility determinations?
- Was petitioner’s hypertension/stroke a compensable, work‑related illness under the POEA contract (Section 20(B) and Section 32‑A)?
- Is petitioner entitled to a presumption of total and permanent disability because 240 days lapsed without a company‑designated physician’s assessment? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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