GR 188638; (December, 2015) (Digest)
G.R. No. 188638. December 9, 2015.
PHILIPPINE TRANSMARINE CARRIERS, INC. and NORTHERN MARINE MANAGEMENT, Petitioners, vs. JOSELITO A. CRISTINO, deceased and represented by his wife SUSAN B. BERDOS, Respondent.
FACTS
Joselito Cristino, employed as a Fitter, boarded the vessel M/V Stena Paris in July 2006 after being declared fit in his PEME. In October 2006, he noticed a mass in his leg. By January 2007, due to severe pain, he was hospitalized in Denmark where he was diagnosed with a poorly differentiated papillary tumor. He was repatriated in February 2007. The company-designated physicians initially diagnosed “carcinoma of unknown origin,” declared it not work-related, and provided limited treatment. Cristino sought a second opinion from Dr. Jorge Ignacio, who diagnosed malignant melanoma and opined that sun exposure, a risk factor for the illness, was possibly increased by the nature of Cristino’s work. Petitioners refused further benefits, leading Cristino to file a complaint for disability benefits, sickness allowance, and medical expenses.
ISSUE
Whether Cristino is entitled to total and permanent disability benefits and sickness allowance for his illness.
RULING
Yes. The Supreme Court affirmed the awards. For an illness to be compensable, it is sufficient that the work contributed, even in a small degree, to its development or aggravation. Cristino’s duties as a Fitter, which included extensive outdoor repair and maintenance work exposing him to the sun, satisfied this causal connection, especially given the medical opinion linking sun exposure to malignant melanoma. The company-designated physicians’ bare declaration of non-work-relatedness, without substantial proof, was insufficient to overcome this presumption of compensability under the POEA-SEC.
Regarding the disability grading, the Court ruled that Cristino suffered total and permanent disability. The company-designated physicians failed to issue a final assessment of his fitness or disability within the 120/240-day period mandated by law. Cristino remained incapacitated and continued treatment beyond 240 days from his repatriation until his death. This failure of the employers to secure a timely and definitive assessment from their own physicians results in the seafarer being deemed totally and permanently disabled. Consequently, Cristino’s heirs are entitled to the corresponding full disability benefits and the mandated sickness allowance for 120 days.