GR 151158; (August, 2007) (Digest)
G.R. No. 151158 ; August 17, 2007
JOEL B. DE JESUS, Petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and PACIFIC OCEAN MANNING, INC., Respondents.
FACTS
Petitioner Joel B. De Jesus was hired by respondent Pacific Ocean Manning, Inc. (POMI) as a 4th Engineer. He underwent a pre-employment medical examination at POMI’s accredited clinic, where he answered “no” to having any history of stomach ailment, and was declared fit for work. During his employment onboard the M/V Author, De Jesus experienced severe stomach pains, leading to a diagnosis of a gastric ulcer relapse in Hamburg, Germany. He was subsequently repatriated. Upon arrival, POMI refused his requests for financial assistance and medical reimbursement, alleging he concealed his ulcer history and breached his contract by bringing medication onboard without permission. POMI also applied his unpaid wages to his repatriation costs.
De Jesus filed a complaint for unpaid wages, sick wage allowance, and medical expenses. The Labor Arbiter ruled in his favor, finding his illness work-related and noting POMI conducted the medical examination. The NLRC reversed, finding De Jesus guilty of misrepresentation and contract breach for unauthorized medicine possession, disqualifying him from benefits. The Court of Appeals affirmed the NLRC.
ISSUE
Whether De Jesus is entitled to his monetary claims despite the allegations of misrepresentation and contract violation.
RULING
The Supreme Court granted the petition and reinstated the Labor Arbiter’s decision. The Court held that the company-designated physician’s declaration of fitness for work before deployment is binding on the employer. POMI cannot later disclaim this finding to deny benefits. The allegation of misrepresentation was negated by this pre-employment medical clearance.
Regarding the breach of contract for bringing medication, the Court found the evidence insufficient. The Standard Employment Contract Addendum required seafarers to inform the master about prescribed medication, but it did not constitute an outright prohibition. POMI failed to prove De Jesus willfully violated this term to justify dismissal. His act of bringing a common anti-ulcer drug (Cimetidine) due to fear of recurrence did not amount to a fundamental breach warranting forfeiture of all benefits.
Finally, the Court ruled that gastric ulcer, which developed or worsened during the employment, is compensable. De Jesus’ failure to report to a company-designated physician within three days of repatriation was excusable as POMI had already refused assistance, rendering the reporting requirement moot. Thus, he was entitled to unpaid wages, sickness allowance, and reimbursement for medical expenses.