Case Summary (G.R. No. 202114)

Petition for Review on Certiorari

• Elmer A. Apines filed a petition for review under Rule 45 of the Rules of Court to contest the Court of Appeals' decision and resolution.
• The Court of Appeals had previously dismissed Apines' complaint for total and permanent disability benefits and ordered him to return the amount he received from the respondents.

Antecedent Facts

• Elburg Shipmanagement Philippines, Inc. (ESPI) employed Apines as a bosun on the M/V Bandar TBN Trans Gulf.
• Apines sustained an injury while performing his duties, which he claimed was due to an accident involving a fall on the ship.
• Despite his injury, Apines was not immediately provided medical assistance and continued to work under pain until he was repatriated.

Medical Consultations and Findings

• Apines consulted various doctors who diagnosed him with knee injuries, including a medial meniscal tear and osteoarthritis.
• Recommendations for further medical examinations, including MRI scans, were made but not acted upon by the respondents.
• After his repatriation, Apines sought medical treatment on his own, leading to surgery for his knee condition.

NLRC Decision

• The National Labor Relations Commission (NLRC) initially ruled in favor of Apines, awarding him total and permanent disability benefits and sickness allowance.
• The NLRC found that Apines had suffered an injury during his employment and that the respondents failed to provide adequate medical assistance.

Court of Appeals Ruling

• The Court of Appeals reversed the NLRC's decision, stating that Apines failed to prove the occurrence of an accident and did not comply with the mandatory reporting requirements.
• The CA emphasized that Apines' medical condition was not conclusively linked to a work-related injury.

Issues Raised by Apines

• Apines contested the CA's ruling, arguing that the failure to comply with the 72-hour reporting requirement should not automatically forfeit his disability benefits.
• He also claimed that he was entitled to total and permanent disability benefits due to his inability to perform his duties within 120 days of repatriation.

Supreme Court's Ruling

• The Supreme Court found merit in Apines' petition, reinstating the NLRC's decision.
• The Court emphasized that the absence of a post-empl...continue reading

Case Syllabus (G.R. No. 202114)

Case Overview

• Parties Involved: Elmer A. Apines (Petitioner) vs. Elburg Shipmanagement Philippines, Inc. and Danilo F. Venida (Respondents).
• Court: Supreme Court of the Philippines, G.R. No. 202114.
• Date of Decision: November 9, 2016.

Procedural History

• Apines filed a petition for review on certiorari under Rule 45 of the Rules of Court against the Court of Appeals (CA) decisions dated January 26, 2012, and May 30, 2012, which dismissed his complaints related to disability benefits.
• The CA had granted the petition of the respondents, setting aside the NLRC Decision dated December 14, 2009, which had favored Apines.

Background Facts

• Employment Details: Apines was employed as a bosun aboard the M/V Bandar TBN Trans Gulf, under the management of ESPI, with a contract for eight months.
• Incident Description: On September 11, 2007, while performing duties, Apines sustained an injury to his left knee after slipping on iron ore pellets and hitting the steel railings of a ladder.
• Medical Consultations: Apines sought medical attention aboard the ship and later in Bahrain and Saudi Arabia, where he received diagnoses indicating a lateral collateral ligament sprain and possible meniscal injury.

Medical Findings

• Initial Diagnosis: Dr. Abraham George noted pain in Apines' left knee due to a fall, with recommendations for further medical evaluation...continue reading