G.R. No. 206032 , August 19, 2015.
JOSE RUDY L. BAUTISTA, PETITIONER, VS. ELBURG SHIPMANAGEMENT PHILIPPINES, INC., AUGUSTEA SHIPMANAGEMENT ITALY, AND/OR CAPTAIN ANTONIO S. NOMBRADO, RESPONDENTS.

FACTS

Petitioner Jose Rudy L. Bautista was hired as Chief Cook under a nine-month contract by respondent Elburg Shipmanagement Philippines, Inc. for its principal, Augustea Shipmanagement Italy. He was declared fit for sea duty after a Pre-Employment Medical Examination (PEME). During his employment on board the vessel “MV Lemno,” he experienced breathing difficulty, weakness, severe fatigue, dizziness, and grogginess. Suspected of having “thoracic aneurysm” at a portside hospital, he was medically repatriated. Upon repatriation, the company-designated physicians diagnosed him with “Hypertensive Cardiovascular Disease” and “Diabetes Mellitus II,” ruling out thoracic aneurysm. The company doctor later issued a working impression of “Hypertension,” “Dyslipidemia,” and “Chronic Obstructive Pulmonary Disease,” stating he could return to work once his blood pressure and lipid levels stabilized. Petitioner filed a complaint for total and permanent disability benefits, alleging his illnesses were work-related and that his inability to work for over 120 days rendered his disability permanent. The Labor Arbiter and the National Labor Relations Commission (NLRC) ruled in his favor, awarding disability benefits. The Court of Appeals reversed the NLRC, dismissing the complaint, prompting this petition.

ISSUE

Whether the Court of Appeals correctly ruled that the NLRC committed grave abuse of discretion in granting petitioner’s claim for total and permanent disability benefits.

RULING

No. The Supreme Court granted the petition, reversing the Court of Appeals and reinstating the NLRC Decision. The Court held that petitioner’s Hypertensive Cardiovascular Disease is compensable as an occupational disease under Section 32-A(11) of the 2000 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). The conditions for compensability were satisfied: petitioner was asymptomatic and declared fit before deployment; he manifested signs of cardiac injury (breathing difficulty, weakness, etc.) during the performance of his work on board; and these symptoms persisted, leading to his repatriation and diagnosis. This established a causal relationship between his work and the disease. The Court also ruled that petitioner’s disability is total and permanent. The company-designated physician did not issue a final assessment of his fitness to work or degree of disability within the 120-day or 240-day periods as required by law. His inability to work for over 120 days, without a declaration of fitness from the company doctor, rendered his disability permanent and total under Article 192(c)(1) of the Labor Code. The award of US$89,100.00 as disability benefits under the Collective Bargaining Agreement was reinstated.