GR 189863; (September, 2014) (Digest)
G.R. No. 189863, September 17, 2014
PEDRO LIBANG, JR., Petitioner, vs. INDOCHINA SHIP MANAGEMENT INC., MR. MIGUEL SANTOS and MAJESTIC CARRIERS, INC., Respondents.
FACTS
Petitioner Pedro Libang, Jr., a Cook, entered into a nine-month employment contract with respondent Indochina Ship Management Inc. (ISMI), a manning agency for foreign principal Majestic Carriers, Inc., on June 27, 2002. On March 5, 2003, while on board the vessel M/V Baltimar Orion, Libang experienced numbness on the left side of his face, hearing difficulty, blurred vision, and speech problems. He was medically attended to and eventually repatriated to the Philippines on April 8, 2003. He reported to ISMI and was placed under the care of the company-designated physician, Dr. Robert Lim, from April 10, 2003. Dr. Lim diagnosed him with Hypertension, Diabetes Mellitus Type 2, and Small Pontine Infarct. In a medical certificate dated August 13, 2003, Dr. Lim stated that Libang’s hypertension could be pre-existing based on Libang’s own claim of having been hypertensive for about three years, but found it difficult to determine if the diabetes and infarct were pre-existing. Libang later consulted an independent physician, Dr. Efren Vicaldo, who assessed him with a Grade VI (50%) permanent disability and declared him unfit for sea duty, considering his illness as work-aggravated. Libang filed a complaint for disability benefits. The Labor Arbiter and the National Labor Relations Commission (NLRC) ruled in his favor, awarding US$25,000.00. The Court of Appeals reversed, dismissing the complaint. The CA held that Libang failed to prove his illnesses were work-related and that the company-designated physician’s assessment was more credible. Libang filed this petition for review.
ISSUE
Whether or not petitioner Pedro Libang, Jr. is entitled to permanent total disability benefits.
RULING
Yes. The Supreme Court granted the petition, annulled the CA decision, and reinstated the NLRC resolutions which affirmed the Labor Arbiter’s award of disability benefits.
The Court ruled that Libang’s illnesses are compensable. Hypertension, Diabetes Mellitus, and Cerebrovascular Accident (stroke) are listed as occupational diseases under the POEA-SEC, and are thus disputably presumed to be work-related. The respondents failed to overcome this presumption. The Court found the company-designated physician’s assessment (Dr. Lim) incomplete and inconclusive as it failed to state a definite disability grading or declare Libang’s fitness to work despite prolonged treatment. In contrast, the independent physician’s (Dr. Vicaldo) assessment of permanent total disability (Grade VI) was more credible and supported by justification. The Court also noted that Libang passed the rigorous pre-employment medical examination, negating the claim of a pre-existing condition. The nature of Libang’s work as a cook, involving strenuous activities and exposure to various hazards, could have contributed to the development or aggravation of his illnesses. Therefore, he is entitled to permanent total disability benefits.