Title
Paglinawan vs. Dohle Philman Agency, Inc.
Case
G.R. No. 230735
Decision Date
Apr 4, 2022
Seafarer claimed work-related ulcerative colitis; SC denied disability benefits, citing lack of proof, premature claim, and reliance on company physician's findings.
seafarer
permanent disability benefits
causal connection

Case Summary (G.R. No. 230735)

Factual Background

Paglinawan alleged that during his employment he was constantly exposed to dust and chemicals and that his tasks were strenuous. He also described late working hours that allegedly produced severe strain and fatigue, along with harsh sea conditions, frequent movement across differing temperatures, time-zone adjustments, and homesickness—all of which he claimed contributed to stress and a stressful onboard life. In July 2013, he experienced loose bowel movements and bloody stool.

On August 11, 2013, he was brought to Hospital Velmar in Mexico City, where laboratory examinations and a CT scan were conducted. A note of mass from the rectal margin was later biopsied, showing diffuse lymphoid hyperplasia. He was discharged on August 18, 2013 and was medically repatriated. After repatriation, he was referred for treatment at Marine Medical Services Metropolitan Medical Center, under the care of a company-designated physician.

During treatment, he underwent a laparoscopic cholecystectomy and was diagnosed with lower gastrointestinal bleeding secondary to ulcerative colitis, iron deficiency anemia, and cholelithiasis with status post laparoscopic cholecystectomy. Paglinawan asserted that, despite treatment, he had not regained his prior health condition. He then sought opinions from Dr. Bonifacio Q. Flores and Dr. Rommel F. Galvez (an internist-cardiologist), with Dr. Galvez opining that he was unfit to work as a seafarer. Paglinawan thereafter sought disability benefits, but respondents declined or failed to pay, which prompted the filing of his complaint.

Respondents presented a largely similar account up to repatriation, but emphasized the company-managed medical process. They stated that after arrival, Paglinawan was referred to company-designated physicians at Marine Medical Services Metropolitan Medical Center with medical coordination by Dr. Robert D. Lim. He was examined, referred to specialists, and subjected to further laboratory tests, CT scan, and rectal biopsy. On September 16, 2013, he was diagnosed with lower gastrointestinal bleeding secondary to ulcerative colitis, iron deficiency anemia, and cholelithiasis, with status post laparoscopic cholecystectomy. The company-designated physician also stated that the diagnosed illnesses were not work-related.

Respondents further alleged that Paglinawan underwent a second hospital admission for laparoscopic cholecystectomy and that he was declared unfit for sea duties for approximately three months. They relied on a medical certificate dated September 27, 2013, issued by the company-designated physician, stating that Paglinawan’s ulcerative colitis and secondary illnesses were not work-related. Due to the absence of work-relatedness, respondents terminated further medical treatment and paid sickness allowance.

Labor Arbiter’s Decision

In a December 29, 2014 Decision, the Labor Arbiter ruled for Paglinawan. The arbiter held that the illness was work-aggravated, even without evidence establishing work-relatedness in the sense required by the POEA-SEC. The arbiter noted that respondents, in their position paper, had allegedly admitted that “factors such as stress and eating certain foods” did not cause ulcerative colitis but might worsen symptoms. From this, the arbiter treated Paglinawan’s condition as work-aggravated and ordered respondents to pay USD 60,000.00 as permanent total disability compensation and USD 6,000.00 as attorney’s fees.

NLRC’s Ruling

Respondents appealed to the NLRC. In its March 3, 2015 Decision, the NLRC reversed the Labor Arbiter and dismissed the complaint for lack of merit. The NLRC found no reasonable connection between Paglinawan’s work and his illness. It ruled that the Labor Arbiter erred in concluding that Paglinawan’s illness was work-aggravated based on respondents’ position paper admission that stress and onboard diet might worsen symptoms; it stressed that medical terms, symptoms, and illnesses were not synonymous. The NLRC also did not give weight to the certificate issued by Paglinawan’s doctor, characterizing it as self-serving and lacking evidentiary value. It further held that the pre-employment medical examination did not portray the seafarer’s true state of health because it merely determined fitness for sea service upon application.

The May 25, 2015 Resolution denied Paglinawan’s motion for reconsideration.

Court of Appeals Proceedings

Paglinawan then filed a petition for certiorari before the Court of Appeals. In a December 14, 2016 Decision, the CA dismissed the petition and affirmed the NLRC. The CA held that Paglinawan’s illness, ulcerative colitis, was disputably presumed work-related because it was not listed as an occupational disease under the POEA-SEC. It further held that respondents presented sufficient evidence to dispute that presumption. The CA emphasized the company-designated physician’s categorical declaration that the illness was not work-related, as well as Paglinawan’s filing of the complaint without medical support and reliance largely on self-serving allegations.

The CA also treated Paglinawan’s reliance on Dr. Galvez’s opinion as problematic. It noted that Dr. Galvez’s opinion, though sought belatedly a month after the filing of the complaint, did not establish work-relatedness, and the CA further observed that Dr. Galvez did not personally examine Paglinawan and relied only on Paglinawan’s claim of bleeding. Accordingly, the CA concluded that the NLRC did not err in according greater weight to the company-designated physician’s findings.

On prematurity, the CA reasoned that Paglinawan’s belated seeking of Dr. Galvez’s opinion was premature because there was still no cause of action to claim disability benefits at the time he filed. It reiterated that Paglinawan failed to show by substantial evidence that his illness resulted from or was aggravated by his work.

The March 21, 2017 Resolution denied reconsideration.

Issues Raised on Review

In his petition for review on certiorari, Paglinawan essentially challenged (a) the CA’s reliance on the company-designated physician’s findings, arguing that respondents and their medical team would not render an unfavorable opinion and that they were not specialists; (b) the CA’s ruling on prematurity, contending that respondents allegedly raised it only for the first time before the CA and thus should be considered waived; and (c) the conclusion that he failed to establish substantial evidence that his onboard working conditions aggravated or contributed to the advancement of his illness.

Respondents countered that the physicians examining Paglinawan were privy and knowledgeable of his condition and that they had timely medical reports, including a clinical history and certifications issued within the company medical process. Respondents also maintained that the company-designated physician had rendered a report within the period required, making the 120-day rule immaterial to the existence of a cause of action. They further argued that Paglinawan failed to show substantial evidence of work-relatedness or work-aggravation.

Applicable Law: The POEA-SEC and Work-Relatedness Requirements

The Court held that the POEA-SEC was incorporated into Paglinawan’s employment contract. Because Paglinawan’s contract was signed and approved on March 19, 2013, the Court applied POEA Memorandum Circular No. 10-10 (2010 POEA-SEC). Under Section 20(A) of the 2010 POEA-SEC, an illness is compensable only if two elements concur: (a) the injury or illness is work-related, and (b) the work-related injury or illness existed during the term of the seafarer’s employment contract. The Court focused on the first element—whether Paglinawan’s illness was work-related.

The 2010 POEA-SEC defined a work-related illness in relation to occupational diseases listed under Section 32-A and their conditions. It also provided that illnesses not listed in the POEA-SEC were disputably presumed work-related. The Court explained that the disputable presumption does not automatically entitle compensation; the seafarer must still prove a reasonable causal connection between the illness and the nature of the work, and compensability conditions must be satisfied. It applied the requirement that the seafarer must prove by substantial evidence a reasonable causal connection between the illness and the contracted work.

The Court treated Paglinawan’s ulcerative colitis as undisputedly not listed as an occupational disease under the 2010 POEA-SEC, so the disputable presumption applied. However, the Court held that the burden of proving the required causal connection rested on Paglinawan, and he failed to establish it by substantial evidence.

Court’s Reasoning: Failure to Prove Work-Relatedness and Work-Aggravation

The Court agreed with the CA that the record did not show how Paglinawan’s work onboard caused the development of ulcerative colitis. It found no evidence of a link between the illness and the seafarer’s work as an engine and deck fitter. The Court concluded that Paglinawan relied on bare allegations that onboard work conditions and diet made him sick. It reiterated that disability awards cannot be based on general averments or speculations.

The Court applied the same reasoning to Paglinawan’s theory of work-aggravation. It held that he also failed to show by substantial evidence that the illness was related to or aggravated by his work. Conversely, the company-designated physician’s September 27, 2013 medical report stated that Paglinawan’s illness was not work-related.

The Court further held that a company-designated physician’s report is binding when not refuted by a seafarer’s physician of choice and a third doctor. It found that Paglinawan failed to present the required contrary medical opinion because he had obtained his second opinion only after filing the complaint. The Court aligned with the CA’s observations that Paglinawan consulted his second doctor only after initiating the

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