Case Summary (G.R. No. 237487)
Factual Antecedents
Aldrine Ilustrimicmo served as a Quarter Master for the respondents from 1993 until his last employment in April 2014 on the vessel MV Crystal Serenity. Prior to his embarkation, a Pre-Employment Medical Examination confirmed his fitness for work. Onboard the vessel, he began experiencing gross hematuria and subsequently received a diagnosis of bladder cancer, leading to his medical repatriation and treatment, including chemotherapy. His company-designated physician assessed him with a Grade 7 disability rating, indicating moderate residuals from his condition.
Ruling of the Voluntary Arbitrators
On October 25, 2016, the Panel of Voluntary Arbitrators rendered a decision granting Ilustrimicmo total and permanent disability benefits amounting to $95,949, stating that his sickness was work-related, either due to occupational exposure or other risk factors. Subsequently, the respondents appealed this decision to the Court of Appeals.
Ruling of the Court of Appeals
The Court of Appeals modified the Voluntary Arbitrators’ decision, ruling that Ilustrimicmo was only entitled to partial permanent disability benefits amounting to $40,106.98. The appellate court reasoned that Ilustrimicmo failed to provide sufficient medical documentation to support his claim, particularly the absence of a second doctor’s opinion and a referral to a third doctor, which are requirements under the Philippine Overseas Employment Agency Standard Employment Contract (POEA-SEC).
Issue
The core issue at hand is whether the Court of Appeals erred in ruling that Ilustrimicmo was not entitled to total and permanent disability benefits.
Assessment of Work-Related Illness
To determine whether Ilustrimicmo's illness was compensable, it must be established that his condition was work-related, as outlined in Section 20(A) of the POEA-SEC. The court reiterated the principle that it is not necessary for work to be the sole cause of the illness; a reasonable link between the employment and the illness suffices. In this case, since Ilustrimicmo's diagnosis included risk factors such as occupational exposure to certain chemicals, the Voluntary Arbitrators’ conclusion about the work-related nature of his illness was upheld.
Compliance with Third-Doctor Referral Requirement
The respondents contended that Ilustrimicmo breached his obligations by not properly invoking the third-doctor provision of the POEA-SEC. However, the court found that the respondents received notice of Ilustrimicmo's intent to contest the company's medical assessment and failed to activate the referral process in a timely manner. Thus, the non-referral could not be attributed to Ilustrimicmo.
Entitlement to Total and Permanent Disability Benefits
The court reviewed the findings regarding the nature of Ilustrimicmo's disability, with emphasis on the serious implications of his illness and the ongoing m
...continue readingCase Syllabus (G.R. No. 237487)
Nature of the Case
- This case is a petition for review under Rule 45 of the Rules of Court.
- The petitioner, Aldrine B. Ilustrisimo, seeks to reverse and set aside the September 27, 2017 Decision and February 15, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 149491.
- The Court of Appeals modified the amount of disability benefits initially awarded by the Panel of Voluntary Arbitrators of the National Mediation and Conciliation Board (NCMB) on October 25, 2016.
Factual Antecedents
- The petitioner was employed as a Quarter Master by respondent International Cruise Services Ltd., through respondent NYK-Fil Ship Management, Inc., from 1993 to 2014, with his last employment aboard the vessel MV Crystal Serenity in April 2014.
- Prior to embarkation, he underwent a Pre-Employment Medical Examination and was deemed physically fit.
- In November 2014, while en route to Florida, he experienced gross hematuria and was treated for a suspected urinary tract infection.
- Following a CT Scan in Florida, three polypoid masses were discovered in his bladder, leading to his medical repatriation on November 22, 2014.
- Dr. Nicomedes Cruz, the company-designated doctor, diagnosed him with "urothelial carcinoma of the urinary bladder, low grade" or bladder cancer.
- He underwent chemotherapy and surgical operations, receiving an interim disability rating of Grade 7 in a medical report dated March 6, 2015, citing occupational exposure to aromatic amines and cigarette smoking as risk factors.
- Despite treatment, he continued to experience symptoms and underwent further medical evaluations, ultimately being declared unfit to work by another physician, Dr. Richard Combe.
- Petitioner sent a letter dated October 16, 2015, claiming total and permanent disability benefits, but the respondents did not respond, leading to a complai