Title
Supreme Court
Rosales vs. Singa Ship Management Phils., Inc.
Case
G.R. No. 234914
Decision Date
Feb 19, 2020
Seafarer contracted Chronic Hepatitis C from handling biomedical waste; SC ruled illness work-related, awarded permanent total disability benefits, upheld financial assistance.

Case Summary (G.R. No. 234914)

Facts of the Case

Jorge P. Rosales was employed by Singa Ship Management Phils., Inc. and Singa Ship Management Pte. Ltd. under a POEA-SEC which outlined specifics of his employment such as duration, position, salary, working hours, and benefits. Rosales was declared "FIT" for duty after his pre-employment medical examination. He was deployed on November 26, 2012, aboard the ship Queen Mary 2, where he was responsible for cleaning, waste management, and maintaining sanitary conditions.

Starting June 25, 2013, Rosales experienced abdominal pain and joint issues, leading to his medical repatriation on July 20, 2013. He consulted the company-designated physician upon his return; he was treated for gastritis and later diagnosed with chronic Hepatitis C, which was exacerbated by his medical history.

Ruling of the Labor Arbiter

The Labor Arbiter dismissed Rosales's complaint for permanent total disability benefits, agreeing with the respondents that his illnesses were not work-related. However, the Labor Arbiter ordered the respondents to pay Rosales for sickness allowance and financial assistance, highlighting that he fell ill while aboard and was repatriated before the contract's expiration.

Ruling of the National Labor Relations Commission

On appeal, the National Labor Relations Commission (NLRC) found Rosales's Hepatitis infection to be an occupational disease linked to his employment, thus declaring it work-related. The NLRC modified the Labor Arbiter's ruling by awarding Rosales permanent total disability compensation and attorney's fees, while dismissing the financial assistance award previously granted.

Ruling of the Court of Appeals

The Court of Appeals (CA) annulled the NLRC's decision, ruling that Rosales failed to present sufficient evidence to prove his Hepatitis C and fatty liver conditions were work-related. The CA ordered the respondents to pay Rosales financial assistance of $5,000 as a humanitarian measure.

Issues

The critical issues addressed in the petition included whether Rosales's chronic Hepatitis C and fatty liver conditions were work-related and compensable, and whether he was entitled to full disability benefits.

Ruling of the Court

The Supreme Court concluded that Rosales's chronic Hepatitis C and fatty liver were work-related, establishing that Chronic Hepatitis C is a bloodborne virus often contracted in occupational settings, particularly in healthcare or sanitary roles, such as Rosales’s. The ruling emphasized that while not explicitly listed as an occupational disease in the POEA-SEC, the disease should be considered disputably presumed work-related, underscoring a reasonable connection between Rosales's employment duties and the contraction of the virus.

Entitlement to Benefits

The Court also ruled that Rosales is entitled to permanent total disability benefits, given that he had not received a definitive assessment from the company-designated physician within the required timeframe, further enforcing the presumption of total and permanent disability entitlement. His entitlement included sickness allowanc

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