Title
Dionio vs. ND Shipping Agency and Allied Services, Inc.
Case
G.R. No. 231096
Decision Date
Aug 15, 2018
Seafarer diagnosed with UTI and prostate enlargement during employment; later died of prostate cancer. Employer failed to provide post-repatriation medical examination and treatment. SC ruled illness work-related, invalidated waiver, and awarded death benefits.

Case Summary (G.R. No. 231096)

Applicable Law

The case arose under the 2000 Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) regarding the entitlement of benefits for seafarers, particularly in the context of work-related illness and the requisite procedures for medical examinations.

Antecedents of the Case

Gil T. Dionio, Jr. was employed on a six-month contract and later extended his contract for additional time aboard the vessel MT Caribbean Tug. He experienced health issues during his service, specifically a urinary tract infection (UTI) and prostate enlargement, which doctors confirmed rendered him unfit for work, resulting in his repatriation. Upon returning to the Philippines, Gil was told to seek medical help on his own, as ND Shipping refused to cover his medical expenses, leading him to seek treatment independently.

Labor Arbiter’s Ruling

The Labor Arbiter ruled in favor of Lorna, awarding her death benefits and other claims, emphasizing that Gil's medical condition was work-related. It was established that his illness led to his eventual death, granting basis for the claimed benefits under the provisions of the POEA-SEC.

NLRC Ruling

Contrarily, the NLRC ruled against Lorna, reversing the Labor Arbiter’s decision. It emphasized Gil's failure to comply with a post-employment medical examination within three days following repatriation, as mandated by the POEA-SEC, citing the need for proactive collaboration in understanding the causal connection between Gil's work and his illness.

Court of Appeals Ruling

The Court of Appeals upheld the NLRC’s decision, indicating that Lorna had not successfully demonstrated that Gil's illness was work-related, and reiterated the importance of the mandatory post-employment medical examination.

Arguments from Petitioner

Lorna contended that Gil complied with the post-employment examination requirement but was neglected by the respondents who did not facilitate his examination by a company physician. Lorna argued that the symptoms observed during Gil's employment were indicative of his eventual prostate cancer diagnosis and thus were work-related.

Respondents’ Defense

Respondents countered Lorna's claims by insisting she failed to show that Gil's illness was work-related. They maintained that he did not undergo a timely post-employment examination, thereby forfeiting his entitlement to benefits as per the stipulations of the POEA-SEC.

Supreme Court’s Ruling

The Supreme Court recognized the merit in Lorna's arguments and noted that substantial evidence indicated Gil had indeed complied with the requirement to report to his employer following repatriation. The Court highlighted that the employer failed to meet its obligations by not providing a medical consultation at the company’s cost, compelling Gil to pursue independent medical attention.

On Work-Relatedness and Employer Liability

The Court reiterated that under the POEA-SEC, illnesses not explicitly listed could still be presumed work-related, placing the onus on the employer to disprove such presumption. Here, symptoms presented while working aboard the vessel, including the diagnosis of UTI and prostate enlargement, afforded a sufficient link t

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