G.R. No. 234914 , February 19, 2020
JORGE P. ROSALES, PETITIONER, V. SINGA SHIP MANAGEMENT PHILS., INC., SINGA SHIP MGT. PTE. LTD., MS. NORMA L. DAVID, RESPONDENTS.

FACTS

Petitioner Jorge P. Rosales was employed by respondents as an Officer’s Staff Steward under a POEA-SEC contract. His duties included cleaning cabins, waste collection, and the segregation and disposal of syringes and biomedical waste. On June 25, 2013, while on board, he complained of abdominal and joint pains. He was repatriated on July 20, 2013. After a series of medical evaluations by the company-designated physician, he was diagnosed with Chronic Hepatitis C infection and fatty liver. On February 25, 2014, the company-designated physician opined that these illnesses were not work-related, suggesting a disability grading of Grade 12 (slight residual disorder). Rosales consulted an independent physician who declared his illnesses work-related. He then filed a complaint for disability benefits. The Labor Arbiter dismissed the claim for disability benefits but awarded sickness allowance. The NLRC reversed, granting permanent total disability compensation. The Court of Appeals annulled the NLRC decision, dismissing the complaint but awarding financial assistance.

ISSUE

1. Whether Rosales’ Chronic Hepatitis C and fatty liver are work-related and compensable.
2. Whether Rosales is entitled to full disability benefits.

RULING

1. Yes, the illnesses are work-related and compensable. The Court found that Rosales’ duties, which specifically included handling and disposing of syringes and biomedical waste, exposed him to bloodborne pathogens. Chronic Hepatitis C is a bloodborne virus commonly transmitted through exposure to infected blood, such as via needle-stick injuries. Given his responsibilities, there was a reasonable connection between his work and the risk of contracting the disease. The Court rejected the argument that he must pinpoint an exact incident of exposure, as the nature of his work established the probability of work-connection. The fatty liver was also considered related, as it can be a consequence of Hepatitis C infection.
2. Yes, Rosales is entitled to permanent total disability benefits. The company-designated physician issued a final assessment only on February 25, 2014, which was beyond the 120/240-day period from his repatriation (July 20, 2013). Since no definitive assessment was provided within the statutory periods, his disability is deemed permanent and total. Consequently, he is entitled to the maximum disability benefit of US$60,000.00 under the POEA-SEC, plus sickness allowance for 120 days, attorney’s fees, and the US$5,000.00 financial assistance awarded by the CA.