Case Summary (G.R. No. 268962)
Background of the Case
Alejandro G. Lescabo has been employed by Fleet Ship Management since 2012, with his last contract beginning in February 2019 as a fitter on the MV Silverstone Express. His job required him to perform numerous strenuous tasks related to the operation, maintenance, and repair of vessel machinery. Lescabo experienced significant health issues while performing his duties, which included fatigue and subsequent hospitalization due to severe conditions, ultimately leading to his medical repatriation.
Medical Evaluation and Diagnosis
Upon returning to the Philippines, Lescabo was evaluated by company-designated physician Dr. Nicomedes G. Cruz, who noted significant health issues, including pneumonia and hyponatremia. On January 20, 2020, after multiple examinations, another physician, Dr. Amado G. Regino, declared Lescabo fit to resume sea duties. Disagreeing with this assessment, Lescabo consulted independent physician Dr. Felix T. Terencio, who asserted that he was unfit for deployment.
Arbitration Process and Claims
Lescabo sought remedies through the National Conciliation Mediation Board and then filed a complaint with a Labor Arbiter, claiming permanent and total disability benefits amounting to USD 60,000, a sickness allowance, and damages from Fleet Ship, arguing that his work conditions led to his health issues. Fleet Ship countered that they properly assessed him as fit for work and that Lescabo failed to comply with the required third-doctor-referral rule.
Decisions of the Labor Arbiter and NLRC
The Labor Arbiter ruled in favor of Lescabo, awarding him disability benefits and sickness allowance. The National Labor Relations Commission (NLRC) affirmed this decision after a motion from Fleet Ship, significantly reducing the sickness allowance claim but upholding the disability benefits and adjusting attorney's fees. Fleet Ship subsequently appealed to the Court of Appeals.
Court of Appeals Ruling
The Court of Appeals denied Fleet Ship's petition, agreeing with the NLRC’s findings that a valid, final, and definite assessment was not issued within the required timeframe, leading to a presumption of permanent and total disability for Lescabo. Fleet Ship's arguments concerning compliance with the third-doctor-referral rule were also rejected.
Supreme Court's Analysis
In reviewing the case, the Supreme Court underscored that the crux of Fleet Ship’s argument was factual rather than legal, thereby limiting its review. It emphasized that the medical assessments made by the company's physicians were not defi
...continue readingCase Syllabus (G.R. No. 268962)
Background and Parties Involved
- Petitioners: Fleet Management Services Philippines, Inc., Fleet Ship Management, Inc., and Janette T. Tumbali.
- Respondent: Alejandro G. Lescabo.
- Fleet Ship Management, Inc. is the foreign principal company, and Fleet Management Services Philippines, Inc. is the local recruitment agency.
- Lescabo worked under successive contracts as a fitter from 2012 to his last contract aboard the MV Silverstone Express in February 2019.
- The 2010 POEA Standard Employment Contract provisions are incorporated in their contract.
Lescabo’s Employment Duties and Health Allegations
- His duties included operation, maintenance and repair of deck and engine room machineries, assisting in fuel and parts control, fabricating piping, maintaining power tools, assisting in bunkering and cleanliness, performing sea and port watch, and more.
- He reported strenuous physical duties involving joint strain and required physical mobility.
- He worked eight to sixteen hours daily, leading to fatigue.
Medical Events and Diagnosis
- September 2019: Lescabo experienced weakness, vomiting, dizziness, fever, and hiccups during engine overhaul duties.
- Diagnosed with bronchitis in Hong Kong; resumed work after medication.
- Worsened condition led to hospitalization in Bangkok with final diagnosis: sepsis, severe hyponatremia-induced alteration of consciousness, pneumonia, and Syndrome of Inappropriate ADH Secretion (SIADH).
- Declared unfit to work and repatriated to the Philippines in October 2019.
Medical Assessments by Company-Designated Physicians
- Initially diagnosed with pneumonia and hyponatremia by Dr. Nicomedes G. Cruz’s team.
- January 20, 2020: Dr. Jocyn San Andres notes pneumonia resolved but hyponatremia and acid peptic disease remain; advises follow-up.
- February 7, 2020: Dr. Amado G. Regino issues a ‘‘Final Medical Report’’ declaring Lescabo fit to resume sea duties despite not personally examining him anew.
Lescabo's Contradictory Medical Opinion
- Lescabo sought a second medical opinion with Dr. Felix T. Terencio who declared him permanently and totally unfit to work as a seafarer.
Labor Proceedings
- Lescabo filed a claim for disability benefits with the NCMB, later referred to the Labor Arbiter due to futile conciliation.
- He alleged work-related causes for his permanent and total disability.
- The Labor Arbiter ruled in favor of Lescabo, awarding USD 60,000 disability benefits, sickness allowance, medical expense reimbursement, and attorney’s fees.
- The NLRC affirmed the Labor Arbiter’s decision but deleted the sickness allowance, adjusting attorney’s fees to USD 6,000.
- The CA denied Fleet Ship’s petition for certiorari and motion for reconsideration.