G.R. No. 245858 - Oscares vs. Magsaysay Maritime Corp.

On August 14, 2015, POEA approved the employment contract between petitioner John A. Oscares and SK Shipping (Singapore) Pte. Ltd., through Magsaysay Maritime Corp. Oscares boarded MV K. Garnet as Second Assistant Engineer.
On November 4, 2015, while the vessel was anchored in Panama, Oscares slipped and fell while singing and jumping before a videoke machine, sustaining major knee injuries.

First aid was administered onboard; on November 11, 2015, he was sent to San Luis Hospital in Mexico, diagnosed with bilateral tibial epiphyseal fractures and declared unfit for 10 weeks. He was repatriated to Manila on December 10, 2015.
At NGC Medical Specialist Clinic on December 14, 2015, x-rays showed a complete oblique fracture of the right medial condyle; respondents refused to shoulder surgery costs, prompting Oscares to undergo osteosynthesis at his own expense on December 29, 2015, followed by rehabilitation.
On March 16, 2016, NGC issued an interim Grade 10 disability assessment; on July 12 and 14, 2016, private physicians Dr. Magtira and Dr. Pundavela likewise concluded total and permanent disability; on July 28, 2016, company-designated Dr. Cruz issued a final Grade 10 assessment.

Oscares demanded respondents’ copy of the final assessment and referral to a third doctor; respondents did not respond, leading him to file a notice to arbitrate.
On July 14, 2017, the Panel of Voluntary Arbitrators awarded US$131,797.00 for total and permanent disability, 10% attorney’s fees, and ₱100,000 moral damages, applying the personal comfort doctrine. The Panel found respondents grossly negligent in delaying and refusing medical costs.
Respondents moved for reconsideration, then petitioned CA which, in a decision dated August 29, 2018, reversed the Panel, holding the injury non-compensable as not incidental to employment. The CA denied reconsideration on February 27, 2019.

Seafarers’ rest and recreation incidents are compensable under the personal comfort doctrine and Iloilo Dock precedent;
The injury occurred in the course of employment, invoking the presumption of work-related disability;
Respondents’ designated physician failed to issue a proper assessment, precluding dispute before secondary assessment;
He was entitled to total and permanent disability under POEA-SEC and CBA.

Whether the Court of Appeals erred in reversing the Panel’s award of workmen’s compensation benefits to Oscares.