Case Digest (G.R. No. 139532)
Facts:
In Victorino G. Ranoa v. Anglo-Eastern Crew Management Phils., Inc., et al., G.R. No. 225756, decided November 28, 2019, the petitioner, Victorino G. Ranoa, was hired by Anglo-Eastern Crew Management Phils., Inc. on behalf of Anglo-Eastern Crew Management (Asia) Ltd. as Master of the vessel "Genco Bay" for six months starting March 26, 2013, with a monthly salary of USD 1,943. Prior to deployment, Ranoa underwent a pre-employment medical examination (PEME) and answered negatively when asked whether he had been diagnosed or treated for hypertension or heart disease. He was declared fit for sea duty. Barely two months on board, on May 21, 2013, Ranoa experienced symptoms including dizziness, vomiting, chest pain, and shortness of breath. He was treated by a doctor in London, observed with high blood pressure, and medically repatriated on May 26, 2013. Upon return to the Philippines, company-designated doctors diagnosed hypertensive cardiovascular disease and minor coron
Case Digest (G.R. No. 139532)
Facts:
- Parties and Employment
- Victorino G. Ranoa (petitioner) was hired on March 19, 2013 by Anglo-Eastern Crew Management Phils., Inc., acting for its principal, Anglo-Eastern Crew Management (Asia) Ltd., as Master of the vessel "Genco Bay" for six months with a monthly salary of USD1,943.00.
- Petitioner's duties included commanding the ship, transporting passengers and cargo, setting course, inspecting for safety and efficiency, coordinating signaling activities, and calculating landfall.
- Pre-Employment Medical Examination (PEME) and Deployment
- Before deployment, petitioner underwent routine PEME, denying history or treatment for hypertension and heart disease.
- He was declared fit for sea duty and boarded on March 26, 2013.
- On-Board Illness and Repatriation
- On May 21, 2013, petitioner experienced symptoms including dizziness, chest pain, vomiting, shortness of breath, and cold sweats.
- Blood pressure measured elevated at 170/100 mmHg; petitioner was medically repatriated on May 26, 2013.
- Medical Findings after Repatriation
- Company-designated doctors Karen Frances Hao-Quan and Marianne C. Sy found possible cardiac dysrhythmia, coronary artery disease, and hypertensive cardiovascular disease.
- On October 24, 2013, a Grade 12 disability rating was issued.
- Petitioner consulted private doctor Antonio C. Pascual on April 1, 2014, who diagnosed Stage 2 hypertension and coronary artery disease, declaring petitioner unfit for sea duties.
- Claims and Defenses
- Petitioner claimed entitlement to total and permanent disability benefits.
- Private respondents contended petitioner concealed a prior diagnosis of coronary artery disease and coronary angiogram.
- They argued that petitioner could only claim Grade 12 disability benefits as per company doctors' findings.
- Labor Arbiter Decision
- On October 1, 2014, Labor Arbiter Eric V. Chuanico ruled petitioner totally and permanently disabled and awarded full benefits plus damages and attorney’s fees.
- The Labor Arbiter dismissed claims of concealment, emphasizing lack of substantiation and privileged communication rules.
- Finding petitioner asymptomatic upon boarding, and fit at PEME, the illness was compensable.
- NLRC Decision
- On January 30, 2015, NLRC partly granted the appeal, deleting damages but affirming all other awards.
- It held petitioner was not guilty of concealment; an angiogram is a procedure, not an illness.
- It emphasized the occupational disease status of cardiovascular disease per POEA-Standard Employment Contract (SEC).
- Permanent and total disability deemed by operation of law after 240 days out of work.
- Court of Appeals Decision
- On February 29, 2016, the Court of Appeals reversed NLRC, denying permanent disability benefits.
- It found petitioner failed to prove compensability, including exposure to strain at work.
- Company doctors testified to pre-existing cardiovascular disease.
- Petitioner did not comply with mandatory referral to a third doctor, and his allegations of concealment were dismissed.
- Current Petition
- Petitioner seeks reversal of Court of Appeals decision, contending no material concealment, denial of mandatory referral to third doctor, and entitlement to permanent total disability benefits.
- Private respondents reiterate concealment and argue non-compliance with procedures, as well as evidence that petitioner later worked as seafarer.
Issues:
- Whether petitioner was guilty of material concealment of a previous medical condition.
- Whether referral to a third doctor is mandatory under POEA-SEC provisions.
- Whether petitioner is entitled to total and permanent disability benefits.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)