G.R. No. 206758 February 17, 2016
MARICEL S. NONAY, Petitioner, vs. BAHIA SHIPPING SERVICES, INC., FRED OLSEN LINES and CYNTHIA MENDOZA, Respondents.

FACTS

Maricel S. Nonay was hired by Bahia Shipping Services, Inc. as a casino attendant and later as an assistant accountant on board the M/S Braemer. In February 2010, she experienced profuse bleeding, dizziness, and difficulty in breathing. After being examined in Barbados, she was found to have ovarian cysts and was medically repatriated on March 20, 2010. In the Philippines, a company-designated obstetrician-gynecologist diagnosed her with “Abnormal Uterine Bleeding Secondary to Adenomyosis with Adenomyoma.” She underwent treatment and was declared fit to resume sea duties within the 240-day period from repatriation, but after the initial 120-day period had lapsed.
Nonay filed a complaint for disability benefits. The Labor Arbiter and the National Labor Relations Commission ruled in her favor, awarding her permanent disability compensation under the Collective Bargaining Agreement. The Court of Appeals reversed this decision, finding that Nonay failed to substantially prove her illness was work-related. The CA dismissed her complaint but ordered the payment of humanitarian assistance. Nonay elevated the case to the Supreme Court via a petition for review on certiorari.

ISSUE

Whether Nonay is entitled to permanent total disability benefits for her illness, which is not listed as an occupational disease under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC).

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The Court held that for illnesses not listed as occupational diseases under the POEA-SEC, there exists only a disputable presumption that they are work-related. The seafarer must still prove by substantial evidence that the work conditions caused or at least aggravated the illness. In this case, Nonay failed to discharge this burden. She did not present any medical report from her own physician to refute the findings of the company-designated doctor or to establish a causal link between her adenomyosis and her shipboard duties. The Court emphasized that the mere occurrence of an illness during the term of the contract does not automatically warrant compensation; the connection to the work must be proven. Since Nonay was declared fit to work by the company-designated physician within the 240-day period, and she presented no contrary medical evidence, her claim for permanent disability benefits could not be granted. The humanitarian award granted by the CA was sustained.