Title
Casomo vs. Career Philippines Shipmanagement, Inc.
Case
G.R. No. 191606
Decision Date
Aug 1, 2012
Seafarer Casomo sought disability benefits for Ameloblastoma, claiming work-relatedness. Courts ruled against him, citing lack of evidence linking illness to his duties as an Able Seaman.
seafarer
permanent disability benefits
substantial evidence

Case Summary (G.R. No. 191606)

Factual Background

Casomo underwent a Pre-Employment Medical Examination (PEME) and was declared “Fit to Work” on board a vessel. He departed from the Philippines on 17 November 2005. In January 2006, he felt a lump forming on his right face. When the vessel reached Nagoya, Japan, on 21 March 2006, Casomo informed the captain of his condition, and the captain ordered him to undergo a medical check-up. The examining physician diagnosed him with “tumor of right lower jaw and secondary cystic infection” and recommended disembarkation and repatriation to the Philippines for further medical examination.

In Manila, respondent Career Shipmanagement’s physician, Dr. Nicomedes G. Cruz (Dr. Cruz), examined Casomo, ordered tests, and determined that his condition was Amelohlastoma. In lay terms as characterized in the record, Casomo had a serious case of an impacted wisdom tooth. He thereafter underwent surgery at the Medical Center Manila—a right hemimandibulectomy with mandibular reconstruction. Dr. Cruz declared that Casomo’s illness was not work-related.

After the operation, Casomo was no longer hired by Career Shipmanagement or any other ship company as an able seaman. Based on that situation, Casomo claimed permanent disability and sought compensation.

NLRC and Labor Arbiter Proceedings

Casomo filed a complaint before the NLRC seeking permanent disability benefits, reimbursement of medical and hospital expenses, moral and exemplary damages, attorney’s fees, and legal interest. The Labor Arbiter, after the exchange of pleadings, dismissed the complaint for lack of merit. The Labor Arbiter found no evidence showing that Casomo’s Ameloblastoma was connected to his work as an able seaman, much less that it caused his illness.

On appeal, the NLRC reversed the Labor Arbiter. It ordered Career Shipmanagement to pay Casomo permanent disability benefits of US$60,000.00. The NLRC anchored its ruling on the POEA Standard Employment Contract—specifically the idea that Casomo had contracted the illness during his term of employment and that illnesses not listed under Section 32 are disputably presumed work-related under Section 20(B)(4). The NLRC also highlighted that Casomo was found by the company-designated physician as “Fit for Sea Service” during the PEME.

Career Shipmanagement then filed a petition for certiorari before the Court of Appeals. The appellate court granted the petition and found grave abuse of discretion in the NLRC’s decision. The Court of Appeals ruled that Casomo failed to show that his illness was work-related. It reasoned that Casomo did not establish a causal connection between his Ameloblastoma and his work as an able seaman, given the description of tasks he performed involving launching life-saving equipment and conducting security inspections of the ship. Thus, it set aside the NLRC’s award and reinstated the Labor Arbiter’s dismissal.

Issues Raised on Certiorari

Casomo persisted in the position that he was entitled to the maximum disability benefits amounting to US$60,000.00. He argued that the Court of Appeals committed serious error of law in reversing the NLRC and ignoring evidence supporting his entitlement. He also contended that the Court of Appeals committed grave abuse of discretion in denying disability benefits solely because the company-designated physician declared his illness not work-related.

The Parties’ Contentions

Casomo argued that his illness was covered by the disputable presumption in Section 20(B)(4) of the POEA Standard Employment Contract, which provides that illnesses not listed in Section 32 are disputably presumed work-related. He further maintained that once the illness was shown to have been contracted during the term of employment, the burden shifted to Career Shipmanagement to prove non-work-relatedness. He asserted that Dr. Cruz’s certification was self-serving and biased, and thus should have been disregarded for lack of evidentiary weight and value.

Career Shipmanagement, as reflected in the Court’s discussion of the decisions under review, maintained that Casomo failed to establish the required causal link between his work and his Ameloblastoma, despite the disputable presumption.

Legal Basis and Reasoning

The Court held that Casomo was not entitled to disability benefits because he failed to demonstrate that his illness was work-related. It emphasized that a disputable presumption does not eliminate the claimant’s duty to prove work-causation or work-aggravation with real and substantial evidence. It explained that Casomo’s position did not satisfy the quantum of proof required of a claimant.

The Court stressed that Casomo’s allegation, without a linkage between his job as an able seaman and his contraction of Ameloblastoma during his employment, constituted only a bare assertion rather than substantial evidence. Under the Court’s reasoning, the duty to prove work-causation or work-aggravation remained real and not merely apparent. The Court further ruled that awards cannot rest entirely on presumptions. The claimant must present evidence to prove a positive proposition.

With respect to the contractual framework, the Court clarified the operation of Section 20(B)(4). Although illnesses not listed in Section 32 are disputably presumed work-related, the claimant still must prove compensability under the contract and must establish causal connection. It further stated that the definition of work-related illness in the POEA Standard Employment Contract is “any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied.” Ameloblastoma was not listed under Section 32-A on occupational diseases. The Court therefore found Casomo’s claim to lack contractual anchoring.

The Court also examined Section 32-A, which requires that for an occupational disease and the resulting disability or death to be compensable, several conditions must concur, including that the seafarer’s work must involve the risks described; the disease must have been contracted as a result of exposure to those risks; the disease must have been contracted within the period of exposure and under other factors necessary to contract it; and there must be no notorious negligence on the part of the seafarer. The Court underscored that it was not enough that the seafarer contracted the illness during the term of employment or that the illness resulted in permanent disability. The seafarer had to demonstrate that the work involved risks and exposure that resulted in contraction.

In addition, the Court applied doctrinal rules drawn from prior cases cited in the decision. It reiterated that for disability to be compensable under Section 20(B) of the POEA Standard Employment Contract, two elements must concur: the illness or injury must be work-related, and it must have existed during the seafarer’s term of employment. Accordingly, the Court stated that causal connection between the illness and the work contracted for must be shown. It also referenced the doctrine that the probability of work-connection must be founded on facts and reason. Certainty was not required, but probability must be reasonable and anchored on credible information.

Applying these standards, the Court observed that Casomo merely asserted that he fell ill during the employment period, that the illness was disputably presumed work-related, and that it led to permanent disability. However, Casomo did not elaborate on the nature of his work as an able seaman and did not show consequent exposure to risks that could have caused or aggravated the disease. The Court held that Casomo failed to attempt, in his petition or position paper, to demonstrate a causal connection between his employment and Ameloblastoma.

The Court specifically addressed the content of Casomo’s pleadings. Casomo asserted that symptoms were seen only during the course of a contract, that Dr. Cruz failed to discuss the cause of the illness, and that Dr. Cruz merely stated the illness was not work-related without showing proof, studies, or reasons. Casomo also claimed that the truth was that the cause of ameloblastoma was unknown and thus could not be determined whether it was work-related. The Supreme Court treated these assertions as insufficient to discharge the evidentiary requ

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