G.R. No. 237373 & 237378, July 29, 2020
JOSEPH MARTINEZ, PETITIONER, VS. OSG SHIP MANAGEMENT MANILA, INC. (SUBSTITUTED BY PACIFIC OCEAN MANNING, INC.), OSG SHIP MANAGEMENT (GR) LTD., MS. MA. CRISTINA H. GARCIA, RESPONDENTS. / OSG SHIP MANAGEMENT MANILA, INC. (SUBSTITUTED BY PACIFIC OCEAN MANNING, INC.), OSG SHIP MANAGEMENT (GR) LTD., MS. MA. CRISTINA H. GARCIA, PETITIONERS, VS. JOSEPH MARTINEZ, RESPONDENT.

FACTS

Joseph Martinez was engaged as Chief Cook on board the vessel MT Overseas Antigmar for an eight-month contract, boarding on December 5, 2013. In June 2014, he complained of severe abdominal pain, was diagnosed with Obstructed Descending Colon Cancer in Seoul, Korea, and was repatriated on June 16, 2014. Company-designated doctors diagnosed him with Intestinal Obstruction Secondary to Well Differentiated Mucinous Adenocarcinoma, Descending Colon with Periocolic Involvement. In a medical report dated June 26, 2014, they opined his illness was “likely not work-related,” citing risk factors like age, diet rich in saturated fat, and genetic predisposition. Meanwhile, the vessel’s management was transferred to Pacific Ocean Manning, Inc., which assumed responsibility. Martinez filed a complaint on November 17, 2014, for disability benefits, claiming his illness was work-related due to strenuous job conditions, and fatty, salty, frozen meals. He later consulted Dr. Efren Vicaldo, who declared him unfit for work and his illness work-aggravated. OSG and Pacific Ocean Manning countered that the illness was not work-related per the company doctors and submitted an affidavit from a messman attesting to safe working conditions and adequate food. The Labor Arbiter ruled in favor of Martinez, awarding permanent total disability benefits, sick wage allowance, medical and travel expenses, and attorney’s fees. The NLRC affirmed this decision. The Court of Appeals sustained the NLRC’s finding that the illness was work-related and compensable but deleted the awards for sick wage allowance, medical and travel expenses, and attorney’s fees. OSG and Pacific Ocean Manning filed a Petition for Review.

ISSUE

Whether the Court of Appeals committed a reversible error in awarding full permanent disability benefits, disregarding the medical findings of the company-designated physician.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ Decision and Resolution. The Court held that the factual findings of the NLRC, as affirmed by the CA, are generally conclusive and supported by substantial evidence. The CA correctly found no grave abuse of discretion in the NLRC’s ruling that Martinez’s colon cancer was work-related or work-aggravated. The Court noted the Labor Arbiter’s observation that Martinez, only 48 years old with no known genetic predisposition, spent most of his adult life working on the respondents’ vessels consuming provisions high in fat and red meat, which, coupled with his working conditions, played a vital role in aggravating his illness. The certification from the company-designated doctors stating the illness was “likely not work-related” was deemed uncertain and incomplete. The employer’s liability for disability benefits under the POEA-SEC is triggered when the seafarer suffers a work-related illness during the contract term. The Court found no compelling reason to deviate from the lower tribunals’ factual findings.