Case Summary (G.R. No. 161037)
Case Background
On July 11, 2013, Primo D. Quijano was hired by Marlow Navigation Phils., Inc. to work as a Cook on the vessel M/V Katharina Schepers for a six-month duration. Following a pre-employment medical examination, which declared him fit for duty, Quijano boarded the vessel on August 18, 2013. He was sign-off on January 30, 2014, purportedly due to the completion of his contract. Upon returning to the petitioners' office on February 3, 2014, he was paid his final wages and underwent a debriefing. Shortly thereafter, Quijano was hospitalized for health issues and claimed that his ailments arose from working conditions aboard the vessel.
Quijano’s Claims
Quijano asserted that his medical conditions, which included liver abscess, cholecystitis with cholelithiasis, and diabetes mellitus, were occupationally related. He alleged that petitioners denied him medical assistance upon his return to the Philippines, prompting him to seek treatment independently. He subsequently filed a complaint for disability benefits, medical reimbursement, and damages, invoking the provisions of the applicable CBA.
Petitioners' Defense
Petitioners contested Quijano's claims, arguing that his disembarkation was simply due to the expiration of his employment contract and that he had no medical issues during his tenure. They also posited that Quijano failed to meet the requirement of a post-employment medical examination by the company-designated physician, thus disqualifying him from claiming benefits.
Rulings by the Panel of Voluntary Arbitrators (PVA)
In a decision dated January 27, 2016, the PVA ruled in favor of Quijano, granting him total and permanent disability benefits amounting to US$127,932 and an additional 10% in attorney’s fees. The PVA found that Quijano was denied medical assistance, highlighting that his contract was unjustly pre-terminated and that the company-designated physician failed to conduct the required assessment within the stipulated timeline, resulting in a presumption of total and permanent disability by law.
Court of Appeals (CA) Decision
The CA, in its March 29, 2017 decision, upheld the PVA’s findings, stating that Quijano could not be held at fault for seeking an independent medical examination. It indicated that petitioners failed to adequately justify the pre-termination of his contract and that substantial evidence existed to support Quijano’s claims of work-related illness. Petitioners' motion for reconsideration was denied in a subsequent resolution.
Supreme Court's Resolution
The Supreme Court acknowledged that entitlement to disability benefits is determined by both medical findings and applicable laws, specifically referencing the 2010 POEA-SEC. It confirmed that Quijano presented substantial evidence supporting his claim, including his timely reporting for a post-employment medical examination and the lack of compliance by the company-designated physician regarding his assessment. Furthermore, the Court ruled against the petitioners’ argument that Quijano was disqualified due to any failure to attend a post-employment medical exam; rather, record evidence illustrated that his requests were unjustly denied.
Work-Related Illness Determination
The Supreme Court agreed that the illnesses reported by Quijano fell under the coverage of work-related conditions, maintaining that the absence of a definitive medical assessment within the regulatory timeframe warranted the presumption of total and permanent disability. It also noted that the classifications of Quijano's j
...continue readingCase Syllabus (G.R. No. 161037)
Background of the Case
- This case involves a petition for review on certiorari regarding the decision of the Court of Appeals (CA) affirming the ruling of the National Conciliation and Mediation Board (NCMB) which ordered the petitioners to pay disability benefits to the respondent.
- The petitioners include Marlow Navigation Phils., Inc., Marlow Navigation Netherlands B.V., and Captain Leopoldo C. Tenorio.
- The respondent, Primo D. Quijano, was awarded permanent and total disability benefits amounting to US$127,932.00, alongside attorney's fees.
Facts of the Case
- Quijano was hired as a Cook by Marlow Navigation Phils., Inc. for a six-month contract on the vessel M/V Katharina Schepers.
- He underwent a pre-employment medical examination and was declared fit for sea duty.
- Quijano signed off from the vessel on January 30, 2014, and reported to the petitioners on February 3, 2014, where he claimed he was denied medical assistance.
- Subsequently, Quijano was diagnosed with severe medical conditions requiring hospitalization, including liver abscess and diabetes mellitus.
Procedural History
- Quijano filed a complaint against the petitioners for disability benefits, claiming his illnesses were work-related and due to the hostile working conditions aboard the vessel.
- The petitioners denied the claims, asserting that Quijano completed his contract without issues and did not report any medical problems during debriefing.
- The PVA ruled in favor of Quijano, le