G.R. No. 217036 , August 20, 2018
Skippers United Pacific, Inc., and/or Ikarian Moon Shipping, Co., Ltd., Petitioners vs. Estelito S. Lagne, Respondent

FACTS

Estelito S. Lagne was hired as an Oiler by Skippers United Pacific, Inc. for its foreign principal. After being declared fit in his Pre-Employment Medical Examination (PEME), he commenced work in September 2009. In January 2010, Lagne began experiencing severe pain in his anus, chest pains, and breathing difficulties during laborious tasks. A protruding mass developed. He was medically repatriated in May 2010 after a doctor in France diagnosed a “rectal mass” and declared him unfit for duty.
Upon repatriation, the company-designated physician, Dr. Esther Go, conducted tests and diagnosed Lagne with “Moderately Differentiated Rectosigmoid Adenocarcinoma,” recommending major surgery. Lagne refused and sought a second opinion from his private doctor, Dr. May Donato-Tan, who declared him permanently unfit for duty as a seaman. Lagne filed a complaint for permanent total disability benefits, arguing his illness was work-related due to his diet on board and laborious duties.

ISSUE

Whether Estelito S. Lagne is entitled to permanent total disability benefits and sickness allowance under the POEA-SEC.

RULING

Yes, the Supreme Court denied the petition and affirmed the awards granted by the Court of Appeals. The legal logic proceeds from the presumption of compensability and work-relatedness under Section 20(B) of the POEA-SEC. For an illness not listed as an occupational disease, the seafarer must prove that the risk of contracting it was increased by his working conditions. The Court found that Lagne sufficiently established this link. His duties as an Oiler involved strenuous physical labor, which he credibly testified aggravated his condition. The Court emphasized that the cause of the illness is not the primary focus; it is whether the work contributed to its aggravation.
The petitioners’ argument that the company doctor found the illness not work-related was unavailing. The Court upheld the findings of Lagne’s private physician, Dr. Donato-Tan, who declared him permanently unfit. This assessment was made within the 120-day period extended to 240 days, during which the company-designated physician failed to issue a final, definitive assessment on his fitness or disability rating. This failure entitles the seafarer to permanent total disability benefits. Furthermore, the Court ruled that Lagne is entitled to sickness allowance for the entire 120-day period from his repatriation, as mandated by the contract, regardless of when the disability assessment is finalized. The POEA-SEC is a labor contract whose provisions must be construed liberally in favor of the seafarer.