Case Summary (G.R. No. 194490-91)
Relevant Facts
Inocencio was employed as a second engineer for a 10-month period, beginning June 1, 2005. Following a pre-employment medical examination (PEME) which confirmed his fitness, he was deployed aboard M/V Invicta. However, on February 19, 2006, he was repatriated for medical reasons after experiencing significant health issues, including fever and pain in his right ear. Subsequent medical examinations revealed he suffered from chronic suppurative otitis media and acute pharyngitis. Eventually, he was diagnosed with tonsillar cancer after a tonsillectomy performed on May 10, 2006.
Labor Arbiter’s Decision
The Labor Arbiter ruled on August 10, 2007, in favor of Inocencio, granting him USD 60,000 for permanent total disability benefits while dismissing the other claims. The Labor Arbiter argued that Inocencio’s cancer should be covered under the presumption of work-relatedness as stipulated in Section 20 of the POEA-SEC. Also noted was Transocean's failure to fulfill their promise to cover medical expenses, which supported the claim.
NLRC’s Ruling
Upon appeal, the NLRC vacated the Labor Arbiter’s decision on May 29, 2008. It concluded that Inocencio was only entitled to a sickness allowance equivalent to four months of salary, amounting to USD 4,616, and reimbursement of medical expenses since the company-designated physician, Dr. Cruz, certified that Inocencio's cancer was not work-related, shifting the burden of proof to Inocencio.
Court of Appeals' Findings
The CA, in its decision on July 28, 2010, upheld the NLRC decision to some extent by denying Inocencio the sickness allowance but affirming the requirement for reimbursement of medical expenses. The CA reiterated that Inocencio's illness was not proven to be work-related, based on the doctor's assessment.
Legal Issues Presented
Transocean et al. claimed that the CA's ruling to order them to reimburse Inocencio's medical expenses constituted grave abuse of discretion. Inocencio asserted that the CA failed to base its findings on substantial evidence, that claims contrasting legal standards were overlooked, and that he should also be entitled to attorney’s fees.
Supreme Court’s Determination on Sickness Allowance
The Supreme Court found that Inocencio was entitled to sickness allowance following his repatriation for medical treatment, as Section 20 of the POEA-SEC mandates such compensation until a conclusive assessment by the company-designated physician. The lack of a definitive declaration regarding the work-relatedness of his ailment prior to repatriation necessitated the granting of this allowance.
Supreme Court’s Conclusion on Permanent Total Disability
In contrast, the Supreme Court upheld the NLRC's and CA's findings that Inocencio’s illness was not work-related, consequently denying him permanent total disability benefits. The Court reiterated the necessity for substantial evidence to support such claims, which
...continue readingCase Syllabus (G.R. No. 194490-91)
Case Overview
- This case involves consolidated Petitions for Review on Certiorari under Rule 45, challenging the July 28, 2010 Decision and the November 11, 2010 Resolution of the Court of Appeals (CA) in CA-G.R. SP Nos. 105601 and 105615.
- The primary contention revolves around the entitlement of Inocencio B. Vedad, a seafarer, to permanent total disability benefits and sickness allowance after being diagnosed with tonsil cancer.
Background Facts
- Inocencio B. Vedad was employed as a second engineer by Transocean Ship Management (Phils.), Inc., for General Marine Services Corporation.
- His employment was under the Philippine Overseas Employment Agency-Standard Employment Contract (POEA-SEC) for a period of ten months, starting June 1, 2005.
- After a clean pre-employment medical examination, Inocencio was deployed on the M/V Invicta.
- On February 19, 2006, he was repatriated for medical reasons after falling ill with symptoms that led to a diagnosis of chronic suppurative otitis media and acute pharyngitis.
- Following further medical examination, Inocencio underwent a tonsillectomy on May 10, 2006, which revealed he had cancer of the right tonsil.
Labor Arbiter's Decision
- On August 10, 2007, the Labor Arbiter awarded Inocencio USD 60,000 for permanent total disability benefits, citing that his tonsil cancer was presumptively work-related under Section 20 of the POEA-SEC.
- The Labor Arbiter also ruled that Transocean and General Marine failed to fulfill their promise to