G.R. No. 222523 . October 03, 2018
JOSE JOHN C. GUERRERO, PETITIONER, VS. PHILIPPINE TRANSMARINE CARRIERS, INC., CELEBRITY CRUISES, AND CARLOS C. SALINAS, RESPONDENTS.

FACTS

Petitioner Jose John C. Guerrero was employed as a Casino Dealer by respondents. He alleged that in January 2012, during a gastrointestinal outbreak on the vessel, he was ordered to assist in disembarking elderly passengers using wheelchairs. While pulling a wheelchair on a steep bridge, a sudden motion caused him to lose balance. To protect the passenger, he pushed the wheelchair hard, after which he began experiencing severe back pain. He was eventually medically repatriated, diagnosed with lumbar spondylosis and disc herniation, and underwent spinal surgery. His personal physician later declared him permanently unfit for sea duty. Guerrero filed a complaint for permanent total disability benefits, claiming his injury was work-related.
Respondents contested the claim, asserting the injury was not work-related. They presented a Crew Injury Statement dated March 22, 2012, wherein Guerrero reportedly stated he felt a “pop” in his back while using a leg press machine at the crew gym. Respondents argued that using gym facilities was not part of his duties as a Casino Dealer and thus any injury sustained there was not compensable.

ISSUE

Whether Guerrero’s back injury is compensable as a work-related illness under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC).

RULING

The Supreme Court denied the petition and affirmed the rulings of the Court of Appeals and the National Labor Relations Commission, which reversed the Labor Arbiter’s award of disability benefits. The Court held that Guerrero failed to prove that his injury was work-related. For an injury or illness to be compensable under the POEA-SEC, the seafarer must establish a reasonable linkage between the work performed and the condition suffered. The burden of proof rests on the claimant.
The Court found Guerrero’s evidence insufficient. His claim of injury during passenger assistance was contradicted by his own prior written statement in the Crew Injury Report, where he attributed the injury to a gym accident. This contemporaneous report carried greater weight than his later judicial allegation. The Court emphasized that gym activities, while possibly health-promoting, are not inherent to the duties of a Casino Dealer and are performed for the seafarer’s personal benefit. An injury occurring during such personal activity is not incurred in the course of employment. Since Guerrero did not sustain the injury while performing an actual duty or an act incidental thereto, it is not compensable. The award of attorney’s fees was also deleted due to the absence of bad faith on the part of the employer.