Case Summary (G.R. No. 247409)
Background and Nature of Employment
Michael Angelo T. Lemoncito, a motor man, was hired by BSM Crew Service Centre Philippines, Inc. on July 16, 2015, for a nine-month contract under a collective bargaining agreement. He boarded MV British Ruby shortly thereafter, only to suffer health issues including a fever, cough, and high blood pressure during his employment. Following these complaints, he was medically repatriated on February 22, 2016, leading to a series of medical evaluations.
Medical Findings and Employer's Assessment
Upon repatriation, Lemoncito underwent medical evaluations with company-designated doctors, who diagnosed him with lower respiratory tract infection and hypertension. The doctors issued an interim disability rating of Grade 12, indicating that his condition was not attributable solely to work-related factors, attributing causes to genetics and lifestyle choices. Despite treatment, he was eventually cleared of respiratory issues, but his hypertension remained a point of contention.
Dispute and Competing Medical Opinions
Discontent with the conclusions of the company-designated medical team, Lemoncito sought a second opinion from Dr. Antonio Pascual, who diagnosed him with hypertensive heart disease and degenerative osteoarthritis. Based on this diagnosis, he sought to invoke the grievance procedure within the CBA, claiming total permanent disability entitlement and benefits, arguing that his long working hours significantly contributed to his hypertension.
Rulings of the Panel of Voluntary Arbitrators
In a decision rendered on May 30, 2017, the Panel of Voluntary Arbitrators found Lemoncito to be totally and permanently disabled, concluding that his hypertension was presumed work-related. The panel dismissed the significance of the third-doctor-referral rule in light of the failure of the company-designated doctors to issue a final assessment within the requisite time frame. The panel awarded Lemoncito significant compensation for his disability.
Court of Appeals Review and Decision
Respondents appealed to the Court of Appeals, claiming Lemoncito failed to meet the burden of proof regarding the work-related nature of his hypertension. The Court sided with the respondents, concluding that the company-designated doctors' findings were credible and that the procedures outlined in the POEA-SEC were not properly followed by the petitioner. The appellate court reversed the earlier ruling, dismissing Lemoncito's complaint for lack of merit, and deemed the assessments by the company-designated doctors conclusive regarding his fitness for work.
Supreme Court Review and Ruling
Lemoncito's subsequent petition to the Supreme Court urged a reversal of the appellate court’s decision. The Supreme Court clarified that the purpose of the pre-employment medical examination is to ascerta
...continue readingCase Syllabus (G.R. No. 247409)
The Case
- This case is centered on a Petition for Review on Certiorari filed by Michael Angelo T. Lemoncito against BSM Crew Service Centre Philippines, Inc. and Bernard Schulte Shipmanagement.
- The petition challenges two significant issuances from the Court of Appeals:
- A Decision dated November 9, 2018, which dismissed Lemoncito's complaint for various benefits including permanent total disability, sickness allowance, and damages.
- A Resolution dated April 26, 2019, which denied Lemoncito's motion for reconsideration.
Antecedents
- Lemoncito was hired as a motor man by BSM on July 16, 2015, for a nine-month contract and was covered by a collective bargaining agreement.
- After being declared fit to work, he boarded the MV British Ruby on July 22, 2015.
- While onboard, he experienced health issues including fever, cough, and high blood pressure, which necessitated his medical repatriation on February 22, 2016.
- Upon repatriation, he was diagnosed with lower respiratory tract infection and hypertension by company-designated doctors, who attributed the hypertension to multiple factors unrelated to his work.
Consultations and Reports
- Lemoncito later sought a second opinion from Dr. Antonio Pascual, who diagnosed him with Hypertensive Heart Disease and Degenerative Osteoarthritis, declaring him unfit to work.
- Lemoncito then invoked the grievance procedure outlined in the collective bargaining agree