G.R. No. 172086; December 3, 2012
CAREER PHILIPPINES SHIPMANAGEMENT, INC., et al., Petitioners, vs. SALVADOR T. SERNA, Respondent.

FACTS

Respondent Salvador T. Serna, employed as a bosun on the chemical tanker M/V Hyde Park, experienced weakness, shortness of breath, and significant weight loss during his contract. His requests for medical attention on board were denied due to the vessel’s busy schedule. Upon contract completion and repatriation on July 14, 1999, he reported his condition to petitioner Career Philippines Shipmanagement, Inc. While awaiting referral to a company-designated physician, his condition worsened, leading him to consult a personal physician on July 27, 1999, who diagnosed him with toxic goiter. On August 3, 1999, he was instructed to report for a company medical examination, where he was declared unfit due to atrial fibrillation. He continued treatment with his personal doctor. In 2001, after seeking legal counsel, he demanded and subsequently filed a complaint for disability benefits.
Petitioners denied liability, arguing Serna finished his contract without complaint, the ship’s logbook contained no record of illness, and he failed to report to a company-designated physician within three working days from repatriation as required by the POEA-SEC. They also presented a Discharge Receipt and a later resignation letter as evidence of settlement and waiver of claims.

ISSUE

Whether respondent Salvador T. Serna is entitled to total and permanent disability benefits.

RULING

Yes, the Supreme Court affirmed the grant of disability benefits. The Court upheld the findings that Serna’s illness was work-related. His prolonged exposure to toxic chemicals on board chemical tankers, coupled with the progression of his symptoms during his employment, established a reasonable connection between his work and his illness, satisfying the conditions for compensability under the POEA-SEC.
The Court rejected petitioners’ procedural defense regarding the three-day reporting rule. Serna’s immediate report of his illness to the company upon repatriation substantially complied with the requirement. His subsequent consultation with a personal physician was justified by the company’s delay in providing immediate medical attention and the worsening of his condition. The law does not intend to deny benefits on mere technicalities when the seafarer has diligently pursued medical treatment. Furthermore, the Discharge Receipt and resignation letter did not constitute a valid waiver of his disability claim, as there was no showing that he was fully aware of his rights or that he received adequate consideration for such a waiver. His illness, diagnosed as Grade 3 disability under the applicable CBA, constituted permanent medical unfitness, entitling him to full compensation.