G.R. No. 206178 - Perea vs. Elburg Shipmanagement Philippines, Inc.

Case Digest (G.R. No. 206178)
Expanded Legal Reasoning Model

Facts:

Employment and Deployment

On October 28, 2009, petitioner Pedro C. Perea entered into a Contract of Employment with Elburg Shipmanagement Philippines, Inc. under its principal Augustea Atlantica SRL/Italy.
Perea was hired as a fitter for nine (9) months with a basic monthly salary of US$698.00.
On October 31, 2009, Perea was deployed to work aboard MV Lemno.

Incidents Resulting in Injury and Illness

On May 15, 2010, while repairing a pipe, Perea experienced difficulty breathing.

The following day he reported chest pains with palpitations after the onset of respiratory difficulty.
He was seen by a doctor who advised medication and three (3) days of rest.

Subsequent to the initial incident, during welding operations, an explosion involving an oxygen and acetylene torch occurred.

Perea sustained an injury to his left shoulder and twisted his fingers as he attempted to avoid the torch explosion.
Initially, he took a pain reliever, but within three (3) days, two (2) of his fingers became numb.

Medical Treatment and Diagnostic Evaluations

On May 27, 2010, due to continued chest pains, Perea was sent to a medical facility in Tuzla, Turkey.

He was diagnosed with soft tissue trauma and advised rest and avoidance of exertion, particularly by not using his right arm.
He was transferred to SEMA Hospital where a diagnosis indicated "Cubital Tunnel Syndrome (mainly due to swelling and bleeding)" of the right elbow with recommended sling immobilization and a recovery period of ten (10) days.

Following repatriation to the Philippines, on June 3, 2010, company-designated physicians, Dr. Karen Hao-Quan and Dr. Robert D. Lim, conducted laboratory examinations.

They provided an initial impression to consider "Cubital Tunnel Syndrome, Right; Hypertension; Rule Out Ischemic Heart Disease" and recommended a Dipyridamole Thallium Scan.

On July 31, 2010, Dr. Hao-Quan opined in a letter that the cause of Perea’s hypertension was not work-related, estimating a recovery period of three (3) to four (4) months.
On October 21, 2010, Perea consulted Dr. Antonio C. Pascual, an internist and cardiologist, who diagnosed him with "Uncontrolled Hypertension and Coronary Artery Disease" and declared him medically unfit to work as a seafarer.

Dr. Pascual’s findings were based on a single consultation and included a detailed medical certificate with abnormal blood pressure and ECG findings, as well as a coronary angiogram.

On November 5, 2010, after further examinations, Dr. Hao-Quan and Dr. Lim certified that Perea was cleared of the injuries that had led to his repatriation.

Filing of Claims and Subsequent Proceedings

On September 28, 2010, Perea filed a complaint seeking underpayment of his sick leave pay, along with permanent disability benefits, compensatory, moral, and exemplary damages, and attorney’s fees.
Mediation proceedings were held but failed to produce a compromise agreement, leading the parties to submit their position papers with supporting evidence.
On February 28, 2011, the Labor Arbiter dismissed Perea’s complaint for lack of merit.

The dismissal was largely based on the determination that the Collective Bargaining Agreement was no longer in effect when Perea was repatriated.
The Labor Arbiter ruled that the POEA Contract and the relevant DOLE Order governed the matter.

The National Labor Relations Commission (NLRC) affirmed the Labor Arbiter’s decision on October 14, 2011, dismissing Perea’s appeal.

The NLRC also cited Perea’s failure to disclose a pre-existing injury (a fractured/dislocated right elbow) noted during his pre-employment medical examination.

Perea subsequently filed a Petition for Review with the Court of Appeals, which was dismissed in a Resolution dated October 16, 2012.
The Court of Appeals further denied Perea’s Motion for Reconsideration on March 5, 2013.
On March 27, 2013, Perea refiled his Petition for Review, maintaining his claim of being medically unfit due to uncontrolled hypertension and coronary artery disease, and asserting a deficit in his sick leave pay.
Respondents, including Capt. Antonio S. Nombrado and the principal Augustea Atlantica SRL/Italy, submitted comments supporting the adequacy of medical examinations and compliance with the POEA Contract.
Subsequent pleadings included a Reply by Perea on November 22, 2013, contesting the medical assessments and the application of the Collective Bargaining Agreement.

Medical Evidence and Competing Opinions

The company-designated physicians, with their repeated examination and extensive laboratory testing—including CT scan, MRI, Dipyridamole Thallium Scan, and a coronary angiography—concluded that Perea had normal coronary vessels and that his hypertension did not cause impairment of his vital organs.
In contrast, Dr. Pascual, based on a single consultation and without ordering supplemental tests, declared Perea unfit to work as a seaman.
The Court later noted the greater credibility of the company-designated physicians over the independent cardiologist due to prolonged monitoring and comprehensive testing.

Procedural and Evidentiary Developments

Multiple adjudicatory bodies (Labor Arbiter, NLRC, and Court of Appeals) reviewed the evidence with emphasis on the compliance of respondents with contractual obligations under the POEA Contract.
The NLRC and Court of Appeals upheld that the evidence, particularly that which came from sustained and methodical assessments by company-designated physicians, was conclusive regarding Perea’s fitness to work.
The issue regarding the alleged concealment of a pre-existing condition was determined to have been improperly raised, as it had never been subject to dispute by either party prior to its mention by the NLRC.
The respondents’ compliance with the POEA Contract, including wage payments, sickness allowance, and appropriate medical treatment, was established and uncontested by the documentary evidence.

Issues:

Procedural Issue Regarding Pre-existing Condition

Whether the NLRC and subsequent adjudicating bodies wrongly considered the issue of Perea’s alleged concealment of a pre-existing fracture/dislocated elbow, which was not raised by any of the parties in the lower proceedings.

Entitlement to Disability Benefits

Whether Perea is entitled to disability benefits under the POEA Contract given his medical condition.
Whether his condition of uncontrolled hypertension and alleged coronary artery disease meet the criteria for compensability as an occupational disease.

Sufficiency of Medical Evidence

Whether the medical evidence, particularly the findings of the company-designated physicians, adequately rebutted the diagnosis rendered by Dr. Pascual.
Whether the weight accorded to a single consultation versus extensive medical monitoring was appropriate.

Entitlement to the Balance of Sickness Allowance and Damages

Whether Perea is entitled to the balance of his disability/sickness allowance.
Whether he is entitled to claims for moral, exemplary, and compensatory damages as well as attorney’s fees due to alleged negligence in providing timely and adequate medical care.

Ruling:

(Subscriber-Only)

Ratio:

(Subscriber-Only)

Doctrine:

(Subscriber-Only)

Unlock Full Case Digest

Case Digest (G.R. No. 206178) Core Legal Reasoning Model Expanded

Facts:

Case Digest (G.R. No. 206178) Expanded Legal Reasoning Model

Facts:

Issues:

Ruling:

Ratio:

Doctrine:

Case Digest (G.R. No. 206178)
Core Legal Reasoning Model

Expanded

Case Digest (G.R. No. 206178)
Expanded Legal Reasoning Model