Lamberto M. De Leon Vs. Maunlad Trans. Inc., Seachest Associates, et al.
G.R. No. 215293
February 8, 2017
Facts:
Petitioner was hired by respondent Maunlad Trans, Inc. as Team Headwaiter for M/S Carnival Liberty, a vessel operated by Seachest Associates/Carnival Corporation through a POEA-approved employment contract and assumed his duties for two years during which he averaged ten to twelve hours of work daily. Petitioner, on certain occasions, was also assigned as a "fire watch" while the vessel was repaired or dry-docked, exposing himself to extreme heat from welding works and unusual amount of toxic fumes from alcohol and thinner mixed with paint to be used after welding.
While on board the vessel, petitioner experienced uncontrollable blinking, shaking and aking and breathing for three weeks. As such, he was referred to a neurologist in Belize and underwent Magnetic Resonance Imaging (MRI) and CT Scan. He was then diagnosed with "cerebral atrophy" and was advised to seek a neurologist in Miami, Florida where the vessel was headed. Upon reaching Florida, he was confined in South Miami Hospital but due to the severity of his condition, he was advised to be repatriated.
When he arrived in the Philippines, he reported to his agency and was referred to the Metropolitan Medical Services, Inc. for treatment and when his condition did not improve, he sought treatment from Dr. May DonatoTan, a specialist in internal medicine-cardiology who diagnosed his illness as T/C Parkinson's Disease; hypertensive atherosclerotic cardiovascular disease and declared him unfit for duty in whatever capacity as a seaman.
Respondents acknowledged that petitioner was diagnosed with Parkinson's Disease and ent several medical treatments including blood count, Erythrocye Sedimentation Rate (ESR), Blood Ureas Nitrogen (BUN), Serum Glutamic Pyruvate Transaminase (SGPT), Creatinine, Serum Glutamic Oxaloacetic Transaminase (SGOT), Thyroid function test (FT4), Thyroid Stimulating and Serum Ceruplasmine. After the filing of the complaint, petitioner received the medical opinion of their company-designated physician stating the following:
The specialist opines that condition can be secondary to genetics, immunologic or use of anti-psychotics (non-work related) or heavy metal exposure. Unless patient has history of heavy metal exposure on board, the specialist opines that the condition does not appear to be work-related or work-aggravated.
Thus, respondents refused to give petitioner full compensability based on the above finding that the latter's illness is not work-related.
After respondents' motion for reconsideration was denied, they filed a petition under Rule 65 of the Rules of Court with the CA and in its Decision dated October 9, 2013, the latter granted the petition and reversed and set aside the Decision of the NLRC, thus:
WHEREFORE, premises considered, the instant petition is hereby GRANTED. Accordingly, the assailed Decision and Resolution of the National Labor Relations Commission (NLRC), dated December 15, 2011 and February 15, 2012, respectively, are ANNULLED AND SET
ASIDE. No pronouncement as to costs.
SO ORDERED.
According to the CA, while degenerative, Parkinson's Disease is neither listed as a disability under Sec. 32 of the POEA-SEC, nor is it considered an occupational disease under Sec. 32-A thereof. Thus, the CA held that it is imperative that petitioner establish the existence of a causal connection between his illness and the work for which he was contracted for and petitioner fell short of the standards imposed upon him by law.
Issue:
Whether or not CA gravely erred in its findings that the petitioner’s illness is not work related and denying the petitioner the permanent total disability compensation attorney’s fees.
Held:
For disability to be compensable under Section 20(B) (4) of the POEA-SEC, two elements must concur: (1) the injury or illness must be work-related; and (2) the work-related injury or illness must have existed during the term of the seafarer's employment contract.
The POEA-SEC defines a work-related injury as "injury(ies) resulting in disability or death arising out of and in the course of employment," and awork-related illness as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this Contract with the conditions set therein satisfied." For illnesses not mentioned under Section 32, the POEA-SEC creates a disputable presumption in favor of the seafarer that these illnesses are work-related.
Notwithstanding the presumption, we have held that on due process grounds, the claimant seafarer must still prove by substantial evidence that his work conditions caused or, at least, increased the risk of contracting the disease. This is because awards of compensation cannot rest entirely on bare assertions and presumptions. In order to establish compensability of a non-occupational disease, reasonable proof of work-connection is sufficient-direct causal relation is not required. Thus, probability, not the ultimate degree of certainty, is the test of proof in compensation proceedings.
A careful review of the findings of the NLRC and the LA show that petitioner was able to meet the required degree of proof that his illness is compensable as it is work-connected. The NLRC correctly ruled that his work conditions caused or, at least, increased the risk of contracting the disease, thus:
Parkinson's disease is a degenerative disorder of the central nervous system. The motor Parkinson's disease result from the death of dopamine-degenerating cells in the substantianegra, a region of the mid brain; the cause of this cell death is unknown. Early, in the course of the disease, the most obvious symptoms are movement-related, these include shaking, rigidity, slowness of movement and difficulty with walking and gait. Later, cognitive and behavioural problems may arise, with dementia; commonly occurring in the advanced stages of the disease.
It has to be noted that as Team Waiter and as a seaman, complainant was prone to smoking and to a bit of drinking to beat the cold weather they encounter in the high seas. Further, as seaman, he, by the very nature of his work, cannot just leave his post and duty just to discharge his urine. In multiple system atrophy, the most common first sign of MSA is the appearance of an
akenetic rigid syndrome.
x x x Other common signs at onset include problems with balance (cerebellar ataxia) of first presentation, followed by genito-urinary problems (9%). For men, the first sign can be erective dysfunction. Both men and women often experience problems with their bladders including urgency, frequency, incomplete bladder emptying or an inability to pass urine (reduction). About 1 in 5 MSA patients will suffer a fall in their first year of disease.
By the very nature of his work, therefore, where there is incomplete bladder emptying or inability to pass urine, has likewise contributed to complainant's present medical ailment.
As ruled in More Maritime Agencies, Inc. v. NLRC x x x it is not required that the employment be the sole factor in the growth, development or acceleration of the illness to entitle the claimant to the benefits provided therefore. It is enough that the employment had contributed, even to a small degree, to the development of the disease and in bringing about his death.
As aptly observed by the Labor Arbiter, petitioner's work as Team Headwaiter cannot be discounted as contributory factor, even to a small degree in the development of his illness, thus:
In fine, it can be properly said that complainant's work as Team Headwaiter cannot be discounted as contributory factor, even to a small degree in the development of the illness of the complainant. As a matter of fact, the contributory factor of complainant's work was strengthened by the fact that he already experienced in a milder state the symptoms of the disease, such as, difficulty in speaking, right hand tremor, frequent blinking and shuffling gait during his employment contract with respondents principal prior to his last employment contract with them. That he was then seen at Cozumel and Belize and was able to recover and finish his contract.
In view of the above disquisitions, this Court therefore affirms the compensability of petitioner's permanent disability. The US$60,000.00 (the equivalent of 120% of US$50,000.00) disability allowance is justified under Section 32 of the POEA Contract as petitioner suffered from permanent total disability. The grant of attorney's fees is likewise affirmed for being justified in accordance with Article 2208(2) of the Civil Code, since petitioner was compelled to litigate to satisfy his claim for disability benefits.
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