Case Digest (G.R. No. 188638)
Facts:
Philippine Transmarine Carriers, Inc. and Northern Marine Management v. Joselito A. Cristino, G.R. No. 188638, promulgated October 31, 2016, Supreme Court First Division, Perez, J., writing for the Court.Petitioners are the manning agency Philippine Transmarine Carriers, Inc. (PTCI) and its principal Northern Marine Management Ltd.; respondent is the estate of Joselito A. Cristino, represented by his wife Susan B. Berdos after Cristino's death during litigation. Cristino was employed as a fitter under a nine-month contract signed May 30, 2006 and boarded the M/V Stena Paris in July 2006; his pre-employment medical exam declared him fit for employment.
Between October 2006 and January 2007 Cristino developed a growing mass on his leg, later diagnosed after radiological studies in Denmark as a poorly differentiated papillary tumour and later characterized by Filipino physicians as malignant melanoma. He was repatriated February 7, 2007. Petitioners’ designated physicians at PDSCI (Drs. De Guzman and Sugay) treated him for wound care and opined his carcinoma was "not considered work-related"; Cristino’s oncologist (Dr. Jorge G. Ignacio) performed surgery, administered chemotherapy, and opined that sun exposure related to his shipboard duties possibly increased development of his illness.
Cristino demanded disability benefits, illness allowance and reimbursement of medical expenses under the 2000 POEA Standard Employment Contract (the POEA Contract). The Labor Arbiter dismissed the complaint (Nov. 13, 2007), crediting petitioners’ physicians and labeling Cristino’s specialist’s diagnosis as speculative. Cristino appealed to the National Labor Relations Commission (NLRC); he died during the appeal and his widow moved for substitution. The NLRC reversed and awarded permanent disability benefits (US$60,000), illness allowance (P30,600 balance) and attorney’s fees (July 28, 2008); its denial of petitioners’ motion for reconsideration followed (Sept. 30, 2008).
The Court of Appeals affirmed the NLRC decision (Feb. 27, 2009) and denied reconsideration (July 10, 2009). Petitioners filed a petition for review on certiorari under Rule 45 before the Supreme Court challenging the findings of work-...(Subscriber-Only)
Issues:
- Did the petitioners prove, by substantial evidence, that Cristino’s malignant melanoma was not work‑related and therefore non‑compensable under the POEA Contract?
- Was the Court of Appeals correct in ruling that a seafarer unable to work for more than 120 days is deemed permanently and totally disabled and entitled to maximum disability benefits under the POEA Contract and applicable labor laws?
- Was the award of sickness allowance to Cristino proper?
- Was the award of attorney’s fees proper? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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