FIRST DIVISION
[G.R. No. 215642. August 28, 2019.]
CENTURY MARITIME AGENCIES, INC., MARINE TRUST LTD. ATHENS, AND JOHANNA DURANA, petitioners, vs.ARNOLD L. MEJIA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 28, 2019which reads as follows:
"G.R. No. 215642 (CENTURY MARITIME AGENCIES, INC., MARINE TRUST LTD. ATHENS, and JOHANNA DURANA, Petitioners, v. ARNOLD L. MEJIA, Respondent.) — The petitioners appeals from the decision 1 dated September 24, 2014 and resolution 2 dated November 28, 2014 rendered by the Court of Appeals (CA) in CA-G.R. SP No. 134054, whereby the CA ordered the petitioner to pay the following amounts: Sixty Thousand US Dollars ($60,000.00) as total and permanent disability benefits, Two Thousand Seven Hundred US Dollars ($2,700.00) as sickness allowance, Fifty Thousand Pesos (P50,000.00) as moral damages, Fifty Thousand Pesos (P50,000.00) as exemplary damages, and attorney's fees.
The CA summed the factual antecedents as follows:
Complainant in his Position Paper alleged that on April 21, 2012, he was engaged as a Bosun on board the vessel M/T CE-WAVE by respondents Century Maritime Agencies, Inc. (hereinafter called CMA for brevity) for a period of seven (7) months with a basic monthly salary of US$675.00. (contract of employment marked as Annex "A"). He has religiously served with dedication and loyalty for a period of seventeen (17) years since he was first engaged as a seaman on November 21, 1995. (attached is the service record of complainant marked as Annex "B"). As a Bosun, his principal duty is to separate and extract rust (in local parlance "PagtiTIKTIK") from the iron parts of the vessel and to mix paint and apply the same to the iron parts where rust had been separated and extracted.
On April 22, 2012 he arrived in Istanbul, Turkey and immediately boarded the vessel M/T CE-WAVE. After around four (4) days of working on board the vessel, on April 26, 2012, respondents ran out of purified drinking water which is usually brought into the vessel as potable drinking water for the crew during the duration of their stay on board the vessel. Hence, Captain Pavan Khaker was constrained to use the water from the tank of the vessel as drinking water. It was the mess boys who were ordered by the Captain to fetch water from the vessel's tank as the crew's drinking water provision. After two days of drinking water from the tank, which of course did not undergo the process of purification from impurities and contaminants, on April 28, 2012, he woke up in the morning and had experienced excessive pain and spasm in the neck and back muscles and in fact, his jaw could hardly moved that incapacitated him to eat. Considering that the vessel is berthed or docked near the coast of Turkey, he reported his serious ailment and predicament to the Captain and pleaded that he be immediately brought to the seashore and confined in the hospital. To the shock and dismay, Captain Pavan Khaher refused and declined his plea for mercy to be immediately confined in a hospital in Turkey, brushing aside his ailment as a mere tonsillitis or a dental disease case. Worst, despite the diagnosis of the doctor that he is afflicted with TETANUS, Captain Khaker arrogantly recommended that he should not "SIGN OFF" and that he is fit for duty. In the meantime, his condition worsened and grew weaker by the day until May 01, 2012 or four (4) days after he reported his serious condition to the captain on April 28[,] 2012, who instead of bringing him immediately to the hospital, he had the number 28 tooth extracted by a dentist. Finally, Captain Khaker finding the futility of having complainant die a natural death through his serious neglect of duty and incompetence, on May 03, 2012 acceded to the repeated request of his to be brought to a hospital in Turkey. In the attached medical report (marked as Annex "E"), it is reported therein that he was found to have excessive spasms on the neck and muscles and that medicines applied to him considered to have TETANUS. He was confined for twenty three (23) days in the Intensive Care Unit of Haseki Hospital in Istanbul, Turkey from May 03, 2012 to May 26, 2012.
On May 27, 2012, he was medically repatriated to the Philippines. The following day May 28, 2012, he presented himself to the company doctor, a certain Dr. Sugay who referred him to a Neurologist, Dr. Carlos Chua at the Manila Doctors Hospital because he is experiencing recurring dizziness that sometime resulted in his being unconscious. Upon Dr. Chua's advice, he was referred for CRANIAL CT-SCAN examination to radiologist Dr. Alvin Tan (attached is the CT-Scan result marked as Annex "F"). Dr. Chua interpreted the CT-Scan made by Dr. Tan as having a BLOOD CLOT on the right portion of the brain. There and then, despite the fact that Dr. Chua found a blood clot in the right portion of the his (sic) brain, he was declared "FIT TO WORK" and despite his protestation, Dr. Chua, forced him to sign a document that he is fit to work. Afterwhich, Dr. Chua referred him to an independent doctor, Dr. Paul Lee, a psychiatrist for further evaluation. Dr. Chua explained to him that expenses for the psychiatrist should be borne by him because he is already declared fit to work. (attached is the referral letter of Dr. Chua marked as Annex "G"). Starting September 05, 2012 up to the present, he has been seeing his psychiatrist for psychiatric disorder. (attached is the medical certification dated November 23, 2012 issued by Dr. Lee and marked as Annex "H", and the four medical certificates with medicine prescriptions marked as Annexes "H-1" to "H-4"). On December 11, 2012, he went to see Dr. Lee and on future dated for continuing psychiatric treatment and medication. (attached is the medical certificate marked as Annex "1"). To date, after more than one hundred twenty (120) days since he had been medically repatriated on May 27, 2012, he is still under psychiatric treatment of his panic and anxiety attack or trauma and Dr. Paul Lee believes that he should continue his treatment and medication until further notice. Being a friend of Dr. Chua, the company doctor, Dr. Paul Lee could have easily agreed or acquiesced to the conclusion of Dr. Chua that he is already "fit to work" but finding the contrary, Dr. Lee certified that he is still undergoing anxiety treatment indefinitely. Finally, the illness incurred by him as a result of his exposure to contaminants and other pollutions is listed as one of the OCCUPATIONAL [DISEASES] under Section 32-A, number 6 of the Standards Terms and Conditions of Seafarer's contract of employment which described TETANUS as an infectious disease. Precisely, the contract provides a list of occupational diseases to do away with proving with testimonial and documentary evidence whether the [disease] or ailment is work connected.
xxx xxx xxx
Respondents in their Position Paper contended that Complainant was hired by respondent Cenmar in behalf of Marine Trust, Ltd., to work as Bosun on board the vessel M/T CE WAVE for a period of seven months with a monthly salary of US$675.00. A copy of his POEA-approved Contract of Employment dated 21 April 2012 is attached as Annex "A". In accordance with the said contract of employment, complainant embarked on board the vessel M/T CE-WAVE on 21 April. After working on board the vessel for just one week, complainant claimed that he was suffering pain in his jaw. Based on the ship's logbook, copies of its excerpts are attached as Annex "B", complainant first reported the pain in his jaw on 28 April 2012. He was given medication and was advised to rest. On 29 April 2012, complainant informed the Chief Officer that the pain in his jaw progressed and that he has difficulty in opening his mouth. He requested for, and was given permission to seek medical consult. On 30 April 2012, complainant reported that he visited the doctor and his wisdom tooth was extracted because it was infected. He was given medication by the doctor and was advised to clean his teeth 3 to 4 four times a day. On 01 May 2012, complainant reported excessive pain in his jaw and difficulty in opening his mouth. He likewise complained of pain in his spinal cord area and difficulty in sitting. On 03 May 2012, complainant disembarked from the vessel and was taken to the hospital for treatment. He was confined at the hospital because he was diagnosed to be suffering from Tetanus infection. Complainant was given proper medical attention and medication at the hospital. After being discharged from the hospital, he was repatriated for further medical treatment. On 27 May 2012, complainant arrived in the Philippines. He remained under the medical care of the company-designated physician until he was declared fit to work on 16 August 2012. The company-designated physician opined that complainant's illness is not work-related because "the most probable cause of his tetanus is contamination through his dental infection," a copy of the medical opinion is attached as Annex "C". Despite the company-designated physician's assessment, the respondents continued to shoulder the expenses for the medical treatment, including accommodation and transportation, of complainant until he was eventually declared fit to work. Meanwhile, in a Certification of Fitness to Work dated 16 August 2012, a copy of which is attached as Annex "D", complainant affirmed that his medical condition was already resolved. In fact, he released the respondent from all actions, thus:
"That I, Mr. Arnold L. Mejia, myself and my heirs do hereby declare that this Fitness to Work may be pleaded in bar or any proceedings in law that may be taken by any Government Agency, and I do promise to defend the right of said Physicians Diagnostic Services Center, Inc. Century Maritime Agencies, Inc. in connection with this document."
After having signified that he is already fit to work, complainant surprisingly instituted the present complaint with this Honorable Office on 26 September 2012. Further, during the mediation conference conducted by this Honorable Office, complainant and respondents were directed to conduct a new medical assessment by the company-designated physician. However, complainant unduly refused to follow the directive of this Honorable Office to submit himself for medical examination. Thus, the finding of the company-designated physician should then be considered as binding on both parties. Complainant's condition is not work-related. Thus, it is not compensable. After his initial complaint of pain in his jaw, complainant was seen by a dental specialist on 30 April 2012. His infected wisdom tooth was then extracted. Thereafter, he was prescribed medication and was advised to clean his teeth at least 3 to 4 times daily. Under the POEA Standard Employment Contract, dental treatment only covers tooth extraction, or dental surgery if necessary, due to accident. Therefore, the extraction of complainant's infected wisdom tooth does not fall within the coverage of compensable injury necessitating dental treatment. Moreover, work-related illness refers to any sickness as a result of an occupational disease listed under Section 32-A of this Contract with the condition set therein satisfied. Incidentally, infected wisdom tooth and tetanus infection are not among those listed under Section 32-A. 3
On June 27, 2013, the Labor Arbiter rendered a decision 4 dismissing the complaint and holding the complainant as not permanently disabled.
The respondent appealed to the NLRC but was denied through a decision rendered on October 21, 2013. 5 His motion for reconsideration having been denied, the respondent filed a petition for certiorari with the CA.
In the now assailed decision, the CA reversed the NLRC ruling as it concluded that the unpurified water available to the respondent for drinking purposes was a source of bacteria or contamination which was a reported cause of Tetanus Infection. The petitioner filed a motion for reconsideration, but was denied in the CA resolution rendered on November 28, 2014. 6 Hence, this appeal whereby the petitioner raised the following grounds:
I.
The Court of Appeals gravely erred when it disturbed the factual findings of the NLRC and of the Labor Arbiter, which were both supported by substantial evidence.
II.
The Court of Appeals committed a serious error when it reversed the decision of the NLRC and awarded disability benefits, sickness, allowance, moral and exemplary damages, and attorney's fees to respondent. 7
We reverse the CA.
For disability to be compensable under Section 20 (B) (4) of the Philippine Overseas Employment Administration-Standard Employment Contract (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. 8 While the POEA-SEC provides for a disputable presumption of work-relatedness as regards those not listed as occupational diseases, this presumption does not necessarily result in an automatic grant of disability compensation. The claimant still has the burden to present substantial evidence that his work conditions caused or at least increased the risk of contracting the illness. 9 Failing on this aspect, the assertion that the illness was work-connected is nothing but an empty imputation of fact without any probative weight. 10
Here, the respondent failed to prove by substantial evidence that his ailment was work-related and one acquired during his deployment. The evidence on record revealed that the respondent was examined by a dental specialist abroad who extracted his infected tooth (acute purulent peritonitis, secondary trismus. Removal of #28 tooth). We do not see n any connection between tetanus infection on a wisdom tooth and the work being carried out by the petitioner as a bosun. Neither can we share the same conclusion with the CA that the water he drank while onboard the vessel had resulted in his tetanus infection. To reiterate, there should be sufficient evidence of correlation between the illness and the alleged cause. The respondent indubitably failed to present proof in this regard.
Moreover, the records show that the company designated-physician had issued a fit-to-work certification within the 120-day period. However, the respondent instituted the complaint with the labor arbiter and claimed that he had not fully recovered because he was still seeing his personal doctor for psychiatric treatment. The Court notes that during the mediation conference conducted by the labor arbiter, the parties had been directed to conduct a new medical assessment by the company-designated physician. Based on the records, the respondent failed to comply with the directive of the labor arbiter.
ACCORDINGLY, We GRANT the petition; REVERSE and SET ASIDE the decision of the Court of Appeals in CA-G.R. SP No. 134054; and REINSTATE the decision of the NLRC Fourth Division. No pronouncement as to costs.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 38-59; penned by Associate Justice Amy C. Lazaro-Javier (now a member of this Court), concurred by Associate Justice Mariflor P. Punzalan Castillo and Associate Zenaida T. Galapate-Laguilles.
2.Id. at 60.
3.Id. at 161-168.
4.Id. at 161-171.
5.Id. at 191-199.
6.Supra note 2.
7.Rollo, pp. 18-19.
8.Leonis Navigation Co., Inc. v. Eduardo C. Obrero, G.R. No. 192754, September 7, 2016, 802 SCRA 341, 347, citing Tagle v. Anglo-Eastern Crew Management, Phils., Inc., G.R. No. 209302, July 9, 2014, 729 SCRA 677, 694.
9.Jebsen Maritime, Inc. v. Ravena, G.R. No. 200566, September 17, 2014, 735 SCRA 494, 503.
10.Doehle-Philman Manning Agency, Inc., Dohle (lom) Limited vs. Haro, G.R. No. 206522, April 18, 2016, 790 SCRA 41, 54.
n Note from the Publisher: Written as "not to see" in the original document.