G.R. No. 199568, June 17, 2015
DOHLE-PHILMAN MANNING AGENCY, INC., DOHLE (IOM) LIMITED and/or CAPT. MANOLO T. GACUTAN, Petitioners, vs. HEIRS OF ANDRES G. GAZZINGAN, represented by LENIE L. GAZZINGAN, Respondents.

FACTS

Petitioners hired Andres G. Gazzingan as a messman on October 14, 2005, for a nine-month contract on board M/V Gloria. His pre-employment medical examination (PEME) results were normal except for a finding of left ventricular hypertrophy in his ECG, and he was declared fit for duty. On July 16, 2006, while the vessel was docked in Colombia, Gazzingan was hospitalized and diagnosed with Acute Type-B Dissection. He was medically repatriated on August 3, 2006. Upon arrival in Manila, he was confined at Manila Doctors Hospital. The company-designated physician, Dr. Raymond C. Banaga, issued a letter on August 8, 2006, stating that Gazzingan’s aortic dissection was a congenital condition and not work-related. Consequently, petitioners refused to further shoulder his medical expenses. Gazzingan was discharged from the hospital on September 9, 2006, due to financial constraints. He filed a complaint for disability benefits, sickness allowance, and medical expenses. The Labor Arbiter ruled in his favor, awarding total permanent disability benefits and sickness allowance. The NLRC reversed this decision, giving weight to Dr. Banaga’s opinion and noting Gazzingan’s smoking habit and prior lipoma surgery as indicators of a non-work-related, congenital condition. Gazzingan died on January 30, 2008. The Court of Appeals reinstated the Labor Arbiter’s decision, ruling that Gazzingan’s illness was presumed work-related and compensable.

ISSUE

Whether Gazzingan’s illness (aortic dissection) is work-related and compensable under the POEA-SEC.

RULING

Yes. The Supreme Court affirmed the Court of Appeals’ decision. The illness suffered by a seafarer during the term of his contract is presumed to be work-related. This presumption was not overcome by the petitioners. The company-designated physician’s assessment was insufficient as it was a mere opinion not based on a thorough examination of Gazzingan after his repatriation. The Court found that the strenuous nature of Gazzingan’s work as a messman, which involved lifting heavy supplies and being on call, could have contributed to the development of his aortic dissection. The fact that his PEME showed left ventricular hypertrophy indicated a pre-existing hypertensive condition, which is a risk factor for aortic dissection and could have been aggravated by his work. The petitioners failed to present substantial evidence to prove that the illness was congenital and not work-related. Therefore, the heirs of Gazzingan are entitled to total permanent disability benefits of US$50,000.00, sickness allowance of US$1,300.00, and attorney’s fees.