G.R. No. 199977 . January 25, 2017.
SCANMAR MARITIME SERVICES, INC., CROWN SHIPMANAGEMENT INC., and VICTORIO Q. ESTA, Petitioners, vs. WILFREDO T. DE LEON, Respondent.

FACTS

Respondent Wilfredo T. de Leon, a seafarer employed by petitioner Scanmar Maritime Services, Inc., was repatriated on September 13, 2005, after completing his contract without any medical complaint. On November 17, 2005, during a pre-employment medical examination for his next deployment, the company physician noted he dragged his right leg and referred him to a neurologist, marking his status as “pending.” Scanmar heard nothing further from him until December 2007, when he demanded disability benefits.
De Leon filed a complaint for disability benefits, claiming he began experiencing lower abdominal pain and noticing blood in his stool during his last duty. After disembarkation, he consulted private doctors who diagnosed him with L5-S1 radiculopathy. He submitted medical reports, including an October 2005 electrodiagnostic report indicating chronic right L5-S1 radiculopathies and a November 2005 certification from Seamen’s Hospital declaring him unfit for work with a work-related illness. Petitioners countered that De Leon never reported an illness on board, made no entry in the vessel’s logbook, and failed to undergo a mandatory post-employment medical examination within three days of disembarkation as required by the POEA Contract.

ISSUE

The primary issues were: (1) whether De Leon’s illness was work-related and compensable, and (2) whether his failure to comply with the three-day post-employment medical examination requirement barred his claim.

RULING

The Supreme Court denied the petition and affirmed the awards. On the first issue, the Court held that the illness was compensable. It ruled that for a non-occupational disease like radiculopathy, the seafarer must prove that the risk of contracting the illness was increased by his working conditions. The Court agreed with the lower tribunals that the causative circumstances leading to his permanent disability transpired during his 22 years of service, which involved consistent, stressful physical labor—a known risk factor for spinal disc degeneration and radiculopathy. His medical evidence satisfactorily established the work-related nature of his condition.
On the second issue, the Court clarified that the strict three-day post-employment medical examination requirement under the POEA Contract applies only to seafarers who are medically repatriated for treatment of a work-related illness or injury. Since De Leon completed his contract and was not medically repatriated, this procedural rule was inapplicable. His subsequent consultations with private doctors and the eventual company medical examination were sufficient to substantiate his claim. The award of attorney’s fees was also upheld as valid, given the employer’s unwarranted refusal to pay the benefits that were rightfully due.