Case Summary (G.R. No. 205385)
Employment Relationship
On September 24, 2009, EMS Crew Management Philippines hired Erwin C. Bauzon as an Able Seaman for the vessel M/T D. Elephant with an approved contract by the Philippine Overseas Employment Administration (POEA) and a Collective Bargaining Agreement that includes provisions for the benefits of seafarers. Prior to embarking, Bauzon successfully underwent a Pre-Employment Medical Examination (PEME), certifying him as fit for sea duty.
Medical Issues and Treatment
While working aboard the M/T D. Elephant, Bauzon developed severe throat pain that led to difficulty swallowing. Despite reporting his condition to the ship master, who advised him to complete his contract, he requested medical repatriation due to his persistent symptoms. Subsequently, on August 2, 2010, Bauzon was repatriated to the Philippines and visited EMS Phils. for his medical condition, triggering a series of medical assessments which eventually diagnosed him with various thyroid issues, culminating in a surgical procedure.
Diagnosis of Papillary Cancer
After undergoing multiple medical evaluations and surgeries, including a bilateral thyroidectomy, Bauzon's final diagnosis by a private physician, Dr. Manuel C. Jacinto, Jr., was Papillary Cancer, which rendered him unfit for any sea duty. Following this, he filed a complaint against the petitioners seeking disability benefits, medical reimbursements, and other compensatory measures.
Labor Arbiter’s Decision
On June 28, 2011, the Labor Arbiter ruled in favor of Bauzon, ordering the petitioners to compensate him with substantial monetary awards for permanent total disability benefits and sickness wages, alongside attorney’s fees. This led to an appeal by the petitioners to the National Labor Relations Commission (NLRC).
NLRC and Court of Appeals Rulings
The NLRC upheld the Labor Arbiter’s decision on December 23, 2011, reinforcing the findings that Bauzon’s conditions were work-related. The NLRC's ruling concluded that the physical ailments leading to his diagnosis were attributable to the nature of his employment. The petitioners' subsequent motion for reconsideration was denied.
Petitioners later appealed to the Court of Appeals, raising concerns about the conclusions drawn by the NLRC. The appellate court upheld the lower court’s decision on August 31, 2012, affirming that Bauzon's ailment, Papillary Cancer, was indeed work-related due to his exposure to dangerous working conditions as a seaman.
Main Legal Issues
The petitioners contested whether the Court of Appeals erred in determining the compensability of Bauzon’s illness, invoking precedents regarding the burden of proof on the seafarer to establish a causal connection between employment and illness. They also contended that Bauzon, not having been medically repatriated under the stipulated guidelines, should not be entitled to sickness allowance.
Supreme Court's Ruling
The Supreme Court ultimately denied the petition, affirming that Bauzon’s Papillary Cancer could be considered compensable based on existing labor standards governing employment for seafarers.
...continue readingCase Syllabus (G.R. No. 205385)
Case Background
- Petitioners consist of EMS Crew Management Philippines, a manning agency, and EMS Ship Management (Singapore) Pte., Ltd., represented by Robert Bandivas.
- Respondent, Erwin C. Bauzon, was hired as an Able Seaman on the vessel M/T D. Elephant on September 24, 2009, under a contract approved by the Philippine Overseas Employment Administration (POEA).
- Bauzon's employment was governed by a Collective Bargaining Agreement (CBA) with the Integrated Transport Workers and Federation ITF/Associated Marine Officers and Seamen's Union of the Philippines (AMOSUP).
- Prior to embarkation, Bauzon was declared "fit for sea duty" after undergoing a Pre-Employment Medical Examination (PEME).
- Bauzon started his employment on October 20, 2009, but began to experience severe throat pain and difficulty swallowing while on board.
Medical Condition and Repatriation
- Bauzon reported his health issues to the vessel's master but was advised to complete his contract.
- Due to persistent throat pain, he requested medical repatriation and was repatriated to the Philippines on August 2, 2010.
- Upon arrival, he reported his condition to EMS Phils. and was referred to Seamen's Hospital for further examination.
- An ultrasound on August 4, 2010, revealed findings indicating multinodular goiter with hypervascular solid nodules.
- On September 26, 2010, he was diagnosed with Colloid Cystic Goiter and subsequently underwent a Bilateral Thyroidectomy with Isthmusectomy.
Progression of Illness
- Post-surgery, Bauzon had regular check-ups and wa