CADERAO v. SENATOR CREWING, INC.

Constancio Caderao Vs.  Senator Crewing (Manila), Inc., et al./Senator Crewing (Manila), Inc., et al. Vs. Constancio Caderao

G.R. No. 224532/G.R. No. 224565

June 21, 2017

FACTS:

SCMI is a local manning agency, with Aaron and Bonoan, as President and Crewing Superintendent, respectively. Aquanaut is among SCMI's foreign principals.

Balatero was initially engaged by the respondents as an able-bodied seaman on April 12, 1997. He had worked his way up to become 2nd Officer and had boarded 18 of the respondents' ships.

On December 22, 2013, Balatero experienced chest pains, with palpitations and shortness of breath. On January 2, 2014, Balatero suffered from similar symptoms. He was taken to Odense University Hospital (Odense) in Denmark, diagnosed to have an elevated blood pressure, prescribed anti-hypertensive medicines, and discharged thereafter.

Balatero disembarked from the ship and arrived in Manila on January 5, 2014. The day after, he reported to SCMI's office for post-medical examination and was referred to Metropolitan Medical Center under the care of company-designated physician, Dr. Richard Olalia (Dr. Olalia). In the Medical Report dated January 8, 2014, Dr. Olalia found Balatero to be suffering from "Uncontrolled Hypertension; Unstable Angina; To Consider Coronary Artery Disease [CAD]; Dyslipidemia," the etiologies of which were multi-factorial but not work-related. The medical expenses were shouldered by the respondents, and Balatero was also paid his sickness allowance. He was subsequently declared fit to work, but with medical maintenance for the rest of his life.

Unconvinced about his fitness to resume sea duties, Balatero consulted Dr. Li-Ann Lara-Orencia (Dr. Lara-Orencia), an occupational doctor. As indicated in the Medical Certificate dated June 3, 2014, Dr. Lara-Orencia found Balatero to be suffering from "Hypertensive Cardiovascular Disease," which was ''precipitated by the stressful nature of his work." Dr. Lara-Orencia then concluded that Balatero cannot return to his employment. Balatero demanded permanent total disability benefits, which the respondents denied on the ground that after treatment and rehabilitation, the company-designated doctor had assessed Balatero with a disability of Grade 7 (Moderate Residuals of Disorders) under the POEA SEC.

Balatero filed before the NLRC a complaint for permanent total disability compensation, sickness allowance, damages and attorney's fees. The LA granted the petition of Balatero. The LA, however, denied Balatero 's claim for moral and exemplary damages, as there was inadequate evidence of bad faith on the part of the respondents. On appeal, the NLRC affirmed the decision of the LA.

The CA, however, denying Balatero' s claims for permanent total disability compensation and attorney's fees, and ordering SCMI and Aquanaut to solidarily pay him the amount of US$20,900.00 corresponding to Grade 7 Disability Rating benefits.

ISSUE:

Whether or not Balatero is entitled to permanent total disability compensation.

HELD:

Yes. Balatero is entitled to such compensation.

Under Section 32 of the POEA-SEC, only those injuries or disabilities that are classified as Grade 1 may be considered as total and permanent. However, if those injuries or disabilities with a disability grading from 2 to 14, hence, partial and permanent, would incapacitate a seafarer from performing his usual sea duties for a period of more than 120 or 240 days, depending on the need for further medical treatment, then he is, under legal contemplation, totally and permanently disabled. In other words, an impediment should be characterized as partial and permanent not only under the Schedule of Disabilities found in Section 32 of the POEA-SEC but should be so under the relevant provisions of the Labor Code and the Amended Rules on Employee Compensation (AREC) implementing Title II, Book IV of the Labor Code. That while the seafarer is partially injured or disabled, he is not precluded from earning [or] doing the same work he had before his injury or disability or that he is accustomed or trained to do. Otherwise, if his illness or injury prevents him from engaging in gainful employment for more than 120 or 240 days, as the case may be, he shall be deemed totally and permanently disabled.

Moreover, the company-designated physician is expected to arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days. That should he fail to do so and the seafarer's medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled.

In Balatero's case, the company-designated doctor had made a final Grade 7 Disability Rating beyond 120 days from repatriation. In legal contemplation, such partial disability was by then already deemed permanent. As a result thereof, the issue of non-referral to a third doctor is rendered inconsequential.

The Court notes too that as pointed out by Balatero, Department of Health (DOH) Administrative Order (A.O.) No. 2007-0025 recommends non-issuance of fit-to-work certifications to seafarers "with acute or chronic cardiovascular condition limiting physical activity, requiring more than two (2) maintenance oral medicines and close monitoring, or causing significant disability," specifically those (1) suffering from CAD, (2) has undergone Coronary Angioplasty within six months, with history of Uncontrolled Diabetes Mellitus, Hypertension and Dyslipidemia, and (3) Hypertension requiring three or more drugs, among others. Balatero falls within the foregoing category.

It also bears stressing that jurisprudence is replete with doctrines granting permanent total disability compensation to seafarers, who suffered from either cardiovascular diseases or hypertension, and were under the treatment of or issued fit-to-work certifications by company-designated doctors beyond 120 or 240 days from their repatriation.