Case Digest (G.R. No. 198097)
Facts:
Status Maritime Corporation, Ms. Loma B. Aguiman, Fairdeal Group Management S.A., and M/T Fair Jolly v. Spouses Margarito B. Delalamon and Priscila A. Delalamon, G.R. No. 198097, July 30, 2014, Supreme Court First Division, Reyes, J., writing for the Court. The petitioners are the manning/shipowner interests and the respondents are the seafarer Margarito Delalamon (deceased) and his wife Priscila Delalamon as his heir and administratrix.Margarito was hired as Chief Engineer for Fairdeal under a nine‑month contract beginning July 26, 2005 that was later extended to October 2006. While serving aboard the M/T Fair Jolly, he became ill in the United Arab Emirates in September 2006; UAE medical records (September 2, 2006) diagnosed renal insufficiency and diabetes mellitus, and he was repatriated to the Philippines on September 6, 2006. He underwent further hospitalizations in the Philippines (September–December 2006) and by December 2006–January 2007 was diagnosed with end stage renal disease and began regular hemodialysis; he ultimately died on September 11, 2007 of a cerebrovascular accident.
On December 29, 2006 Margarito and Priscila filed a complaint before the Labor Arbiter (docketed NLRC NCR OFW Case No. (M) 06‑12‑03874‑00) against the petitioners for permanent disability benefits, sickness allowance, damages and attorneys’ fees. The Labor Arbiter dismissed the complaint in a September 28, 2007 decision for lack of work‑relatedness. The National Labor Relations Commission (NLRC) affirmed by Resolution dated October 23, 2008, adding that Margarito failed to comply with the POEA‑SEC three‑day post‑employment reporting requirement. On appeal, the Court of Appeals (CA) in CA‑G.R. SP No. 108142 (Decision dated May 27, 2011) reversed, excused the reporting failure because Margarito was physically incapacitated, found his illness work‑related/work‑aggravated, classified his disability as Grade 1, and awarded sickness allowance of US$5,200 and d...(Pro-only)
Issues:
- May this Court review and set aside the Court of Appeals’ findings of fact under a Rule 45 petition where the CA’s findings are contrary to those of the Labor Arbiter and the NLRC?
- Was Margarito excused from complying with the three‑working‑day post‑employment medical reporting requirement under Section 20(B)(3) of the POEA‑SEC?
- Did Margarito’s alleged concealment of diabetes in the Pre‑Employment Medical Examination (PEME) bar his entitlement to disability compensation and sickness allowance under Section 20(E) of the POEA‑SEC?
- Were Margarito’s renal disease and death work‑related or work‑aggravated so as to warrant a...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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