Case Summary (G.R. No. 248774)
Facts Underlying the Disability Claim
Petitioner testified that after his first deployment in 2002, UPLI allegedly repeatedly advised his next deployment without requiring him to re-apply. He stated that whenever he boarded a vessel, he was declared fit for sea duties. On March 18, 2015, he signed an employment contract with UPLI for and on behalf of Shell Shipping Co. Petitioner described strenuous Able Seaman duties aboard ship, including rigging and unrigging of a pilot ladder, crane operation and maintenance, handling heavy-duty hatches, lifting and carrying provisions and stores, mooring and unmooring, chipping and painting, anchoring operations, blocking scupper pipe openings, steering in and out of port and narrow waterways, and performing other tasks as instructed.
On July 22, 2015, while performing duties, petitioner experienced headaches, nausea, muscle cramps, and stomach pain. He was initially given medication and later sent to Corpus Christi Medical Center in Texas, USA, where he was diagnosed with hypertension, neuropathy in the hands and feet, and nausea. He was medically repatriated the same day. Upon returning to the Philippines, UPLI referred him to its company-designated physician, who reportedly declared him fit to work and required him to line up for deployment.
Petitioner next underwent a pre-employment medical examination on September 15, 2015, after disclosing the prior repatriation due to hypertension and that he was under maintenance medication. The company doctor allegedly still declared him fit for sea duties. On December 10, 2015, he signed another employment contract as Able Seaman for six months aboard Silver Ebuna, covered by the parties’ collective bargaining agreement. He executed a Crew Medication Declaration that he brought maintenance medicines for hypertension.
Sometime during the first week of March 2016, petitioner reported chest pains, shivering legs and arms, dizziness, headaches, tightness, and shortness of breath. He informed the Captain and Chief Mate, and he stated that although his blood pressure was checked at 170/100 mmHg, his superiors allegedly directed him to continue medication and return to work. Because symptoms persisted and worsened, the Captain repatriated him for urgent treatment. Petitioner arrived in the Philippines on April 1, 2016 and reported to UPLI. He was referred to UPLI’s company-designated physician at Marine Medical Services.
On May 24, 2016, UPLI referred him to cardiologist Dr. Melissa Co Sia. On June 10, 2016, he again experienced severe chest pain, tightness, and shortness of breath and went to AMOSUP Seamen’s Hospital, where he was diagnosed with Coronary Heart Disease and prescribed maintenance medication. UPLI then directed him back to Dr. Sia. On November 15, 2016, Dr. Sia prescribed four new maintenance medications for hypertension, chest pains, dizziness, and nausea. Petitioner later informed Dr. Sia that his condition had not improved. Dr. Sia allegedly informed him that UPLI stopped treatment because he had already reached the maximum allowable treatment, but Dr. Sia did not issue a final medical assessment despite petitioner’s request.
On December 7, 2016, petitioner consulted another cardiologist, Dr. Antonio C. Pascual, who diagnosed Ischemic Heart Disease and Hypertension Stage 2 and issued a report that petitioner was “MEDICALLY UNFIT TO WORK AS A SEAMAN.” Petitioner claimed that he had no employment contract offer for more than 240 days after repatriation and that UPLI did not heed his request for a grievance meeting. He maintained that his hypertension persisted and worsened due to stress from hard manual labor, extreme temperatures, and emotional strain aboard ship.
Respondents’ Version and Medical Findings
Respondents countered that petitioner signed a six-month employment contract for Shell Shipping Co. through UPLI’s local manning agent. They asserted that the contract adopted the POEA-SEC for Filipino seafarers. They emphasized that during PEME, petitioner disclosed his pre-existing hypertension and that he was taking maintenance medication.
Respondents stated that after petitioner’s repatriation on April 1, 2016, the company-designated cardiologist noted a historical diagnosis by a private doctor in General Santos City in 2011. They asserted that on April 5, 2016, petitioner had an elevated blood pressure of 140/90 mmHg and was advised to undergo a 24-hour heart holter monitoring and given medications. Respondents further claimed that petitioner’s subsequent complaints of dizziness and high blood pressure were evaluated and that his dizziness was not neurologic because cranial MRI findings were normal. They also asserted that at later check-ups, petitioner’s blood pressure remained within controlled ranges.
Respondents maintained that on October 25, 2016, the company-designated doctors declared normal findings on cardiac and neurologic work-ups, except for hypertension which was controlled. They opined that petitioner’s dizziness and chest pain were likely psychiatric in nature and associated with hyperventilation syndrome and anxiety. On November 18, 2016, they issued two medical reports stating that petitioner was cleared from cardiac and neurologic standpoint and that there was no absolute cardiovascular contraindication against resuming work. They further stated that petitioner’s dizziness and chest pain were due to anxiety and hyperventilation. In fine, respondents claimed petitioner was not permanently unfit for sea duties.
Proceedings Before the NCMB-PVA
The NCMB Panel of Voluntary Arbitrators found petitioner entitled to total and permanent disability benefits under the collective bargaining agreement. The PVA determined that there was a reasonable connection between petitioner’s job and his illness. It acknowledged that hypertension could be controlled with maintenance medication and that petitioner was asymptomatic prior to embarkation. Still, it found that while discharging duties aboard Silver Ebuna, petitioner developed dizziness, chest pains, and muscle cramps, and that work stress actively contributed to the progression of his illness and eventual repatriation.
The PVA relied on the independent doctors’ diagnoses of Coronary Heart Disease or Ischemic Heart Disease, reasoning that hypertension was a risk factor for coronary or ischemic heart disease and that chest pain could result from insufficient blood flow to the heart muscle. It discounted respondents’ claim that dizziness and chest pains were due to anxiety. It noted that the company-designated medical report dated November 18, 2016 recommended psychiatric evaluation and management and disability grading, but respondents allegedly did not act on that recommendation. The PVA found no medical report or assessment demonstrating that psychiatric evaluation was actually conducted.
The PVA also held that respondents’ failure to give petitioner another contract after repatriation lasting more than a year indicated incapacity to work as an Able Seaman, leading the PVA to deem petitioner totally and permanently disabled by law. The PVA denied petitioner’s claims for medical reimbursement, moral damages, and exemplary damages for lack of basis. It ordered respondents to pay US$98,848.00 under the IBF-AMOSUP/IMEC TCCC Collective Bargaining Agreement for 2015–2017, plus ten percent (10%) attorney’s fees based on the total award.
Rulings of the Court of Appeals
On review, respondents argued that petitioner failed to prove by substantial evidence that he suffered from Coronary Heart Disease or Ischemic Heart Disease, and that the AMOSUP certificate dated July 1, 2016 lacked a definitive diagnosis. They also contended that Dr. Pascual’s report showed hypertension stage 2 rather than ischemic heart disease. They argued that petitioner therefore had no cardiovascular disease that would entitle him to disability benefits.
Petitioner maintained that, although he had pre-existing hypertension, his condition was aggravated by his duties and that dizziness and chest pains were linked to the heart disease diagnoses. He further argued that respondents failed to provide a final and definitive medical assessment within the required 120/240-day period from repatriation. He asserted that the company-designated doctors’ medical reports dated November 18, 2016 were not final or conclusive.
The Court of Appeals reversed. It ruled that there was no definitive or final diagnosis showing petitioner suffered from Coronary Heart Disease or Ischemic Heart Disease. It recognized that petitioner had hypertension but held that mere hypertension did not automatically mean petitioner was permanently unfit for sea duties. It did not squarely rule on petitioner’s separate argument that respondents failed to make a final and definitive medical assessment within the 120/240-day period. It reversed the PVA’s award and dismissed the NCMB case. The Court of Appeals required petitioner to return the executed award of Php5,544,937.87, less the peso equivalent of US$3,000.00 as financial assistance.
Issues Raised in the Supreme Court
Petitioner invoked the Supreme Court’s Rule 45 jurisdiction, arguing that his hypertension was aggravated by work stress and that his dizziness and chest pains were manifestations of Coronary Heart Disease or Ischemic Heart Disease, not anxiety. He also asserted that he had to seek treatment independently because respondents terminated his medical care. He further argued that because respondents’ company-designated doctors did not make a final medical assessment within the prescribed 120/240-day period, he should be deemed totally and permanently disabled.
Respondents maintained that petitioner’s claimed heart disease was not supported by substantial evidence and that the company-designated doctors’ findings attributing symptoms to anxiety should be respected.
Legal Basis and Reasoning of the Supreme Court
The Court reversed the Court of Appea
...continue reading
Case Syllabus (G.R. No. 248774)
- The petitioner, Kennedy R. Quines, filed a Petition for Review on Certiorari assailing the Court of Appeals dispositions in CA-G.R. SP No. 158565.
- The challenged Court of Appeals Decision reversed the grant of total and permanent disability benefits to the petitioner and dismissed the National Conciliation and Mediation Board - Panel of Voluntary Arbitrators (PVA) case, subject to restitution.
- The challenged Court of Appeals Resolution denied the petitioner’s motion for reconsideration.
- The petitioner invoked the Court’s discretionary appellate jurisdiction via Rule 45 of the Rules of Court.
Parties and Procedural Posture
- The petitioner was Kennedy R. Quines, a seafarer suing for disability-related claims.
- The respondents were United Philippine Lines, Inc. (UPLI) and/or Shell International Trading and Shipping Co. (Shell Shipping Co.).
- The petitioner initiated arbitral proceedings before the PVA by filing a Notice to Arbitrate dated January 13, 2017.
- The PVA ruled in the petitioner’s favor and granted total and permanent disability benefits by its Decision dated December 1, 2017.
- The PVA denied respondents’ motion for reconsideration by a Resolution dated November 19, 2018.
- The Court of Appeals reversed the PVA by a Decision dated April 24, 2019.
- The Court of Appeals denied reconsideration by a Resolution dated August 9, 2019.
- The Supreme Court reversed the Court of Appeals and reinstated the PVA awards.
Key Factual Allegations
- The petitioner worked as a seafarer for UPLI starting in two thousand two (2002) and underwent redeployment procedures after each engagement.
- The petitioner claimed that after each assignment, he was merely advised of his next deployment without need to re-apply.
- He asserted that whenever assigned, he was always declared fit for sea duties.
- The petitioner signed a contract of employment on March 18, 2015 for and on behalf of Shell Shipping Co.
- The petitioner stated that on July 22, 2015, while performing usual able seaman duties, he experienced headache, nausea, muscle cramp, and stomach pain.
- The petitioner claimed that he was sent to Corpus Christi Medical Center in Texas, USA, where he was diagnosed with hypertension, neuropathy in the hands and feet, and nausea, and he was medically repatriated on July 25, 2015.
- The petitioner stated that after arrival in the Philippines, UPLI referred him to its company-designated physician, who later declared him fit to work and advised him to line up for deployment.
- The petitioner underwent pre-employment medical examination (PEME) at Halycon Marine Healthcare Systems, Inc. on September 15, 2015, disclosing prior repatriation for hypertension and continuing maintenance medication, and was again declared fit.
- On December 10, 2015, he signed a six-month employment contract as Able Seaman on board Silver Ebuna, covered by the POEA-SEC and the collective bargaining agreement between AMOSUP and IMEC.
- The petitioner alleged he executed a Crew Medication Declaration before embarkation stating that he brought his maintenance medicines for hypertension.
- He claimed his duties on board Silver Ebuna involved strenuous labor comparable to prior service on another vessel.
- The petitioner stated that during the first week of March 2016, he suffered chest pains, shivering legs and arms, dizziness, headaches, and tightness and shortness of breath.
- He alleged that despite worsening symptoms and blood pressure rising to one hundred seventy over one hundred (170/100) mmHg, his superiors directed him to continue medication and return to work.
- The petitioner claimed that the Captain repatriated him for urgent treatment.
- The petitioner stated he arrived in the Philippines on April 1, 2016, reported to UPLI, and underwent evaluation by Marine Medical Services company-designated physicians.
- He alleged that on May 24, 2016, UPLI referred him to cardiologist Dr. Melissa Co Sia for further examination and treatment.
- He claimed that on June 10, 2016, after severe chest pain and breathing difficulty, he consulted AMOSUP Seamen’s Hospital and was diagnosed with Coronary Heart Disease, with prescribed maintenance medicine.
- The petitioner alleged that on November 15, 2016, Dr. Sia prescribed new maintenance medications for hypertension, chest pains, dizziness, and nausea.
- He claimed that on December 6, 2016, he informed Dr. Sia that his condition did not improve, and Dr. Sia informed him treatment stopped because he reached maximum allowable treatment.
- The petitioner alleged that Dr. Sia did not issue any final medical assessment despite his request.
- On December 7, 2016, the petitioner sought another cardiologist, Dr. Antonio C. Pascual, who diagnosed Ischemic Heart Disease and Hypertension Stage 2 and issued a report stating the petitioner was medically unfit to work as a seaman.
- The petitioner claimed he requested a grievance meeting on December 8, 2016 because he was not offered employment for more than two hundred forty (240) days, but UPLI did not heed it.
- The petitioner maintained that due to respondents’ termination of medical treatment, he was compelled to consult his own doctor.
- He asserted that because company-designated doctors failed to issue a final and definitive assessment within the one hundred twenty/two hundred forty (120/240)-day period, he was deemed totally and permanently disabled.
- The respondents pointed to the petitioner’s disclosure of pre-existing hypertension during PEME and asserted that later symptoms did not establish coronary or ischemic heart disease.
Respondents’ Medical and Employment Contentions
- The respondents asserted that on December 10, 2015, the petitioner signed up for a six-month employment contract with Shell Shipping Co. through UPLI as the local manning agent.
- They argued that the contract adopted the terms of the POEA-SEC for Filipino seafarers.
- The respondents maintained that during PEME, petitioner disclosed pre-existing hypertension and maintenance medication.
- They claimed the petitioner was medically repatriated on April 1, 2016 after repatriation for urgent treatment.
- The respondents asserted that the company-designated cardiologist considered earlier history showing a private doctor in General Santos City had diagnosed hypertension, insomnia, headache, and dizziness in two thousand eleven (2011).
- They stated that on April 5, 2016, cardiologist Dr. Sia observed elevated blood pressure at one hundred forty over ninety (140/90) mmHg, leading to recommendations including twenty-four (24)-hour heart holter monitoring and medications.
- They claimed that by May 3, 2016, despite petitioner’s complaints of episodic high blood pressure and dizziness at night, Dr. Sia observed blood pressure within normal range.
- The respondents stated that the company-designated neurologist opined that dizziness was not neurologic in nature because cranial MRI findings were normal.
- On May 24, 2016, the respondents claimed petitioner’s blood pressure remained within normal range during check-ups, even when he complained of dizziness.
- They asserted that on October 25, 2016, company-designated doctors declared cardiac and neurologic work-ups normal except for hypertension that was controlled.
- The respondents claimed that the neurologist attributed dizziness and chest pain to hyperventilation syndrome and anxiety experienced on board.
- They stated that on November 18, 2016, the company-designated doctors separately issued two medical reports concluding petitioner was cleared from cardiac and neurologic standpoint.
- They maintained that there was no absolute cardiovascular contraindication against resuming work.
- They argued that petitioner’s allegation