G.R. No. 219495 . February 28, 2022
REYNALDO P. CABATAN, PETITIONER, VS. SOUTHEAST ASIA SHIPPING CORP./ ATTY. ROMEO DALUSONG AND/OR MARITIME MANAGEMENT SERVICES, RESPONDENTS.

FACTS

Petitioner Reynaldo P. Cabatan was employed as an oiler by Southeast Asia Shipping Corp. (SEASCORP) for its principal, Maritime Management Services. On January 30, 2010, he boarded M/V BP Pioneer under a three-month contract. On March 29, 2010, while carrying heavy spare parts during his duty, the vessel swayed due to big waves, causing him to bend and nearly fall, resulting in excruciating pain in his scrotal/inguinal area and numbness in his left leg. The ship’s doctor examined him, advised rest, and ruled out hernia and trauma. He was re-examined on May 19, 2010, and was advised that the pain was normal for his age. His contract expired on May 25, 2010, and he was repatriated. Upon being called for possible redeployment, he underwent a Pre-Employment Medical Examination (PEME) at the company-accredited clinic, where he reported his injury. Subsequent tests (X-ray, MRI, EMG NCV) revealed conditions including retrolestheses L2 over L3, spinal stenosis, disc protrusions, and Grade I spondylolisthesis. He consulted specialists who recommended surgical procedures. His request for financial assistance from SEASCORP was unheeded. On March 1, 2011, he filed a complaint for permanent and total disability benefits. The Labor Arbiter ruled in his favor, but the National Labor Relations Commission (NLRC) reversed the decision, dismissing his claim. The Court of Appeals affirmed the NLRC’s decision.

ISSUE

Whether the Court of Appeals erred in affirming the NLRC’s decision which dismissed Cabatan’s claim for permanent and total disability benefits.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The Court held that Cabatan failed to prove that his injury was work-related and that it occurred during the term of his employment. The Report of Illness from the ship’s doctor did not indicate any work-related accident or injury, and instead ruled out trauma. Furthermore, Cabatan did not report for a post-employment medical examination within three days from his repatriation as required under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), and he was repatriated due to the expiration of his contract, not for medical reasons. His failure to comply with the mandatory reporting requirement barred his claim for disability benefits. The Court also found that the medical conditions he later presented were not shown to have been caused by the incident on board, and his claim was filed almost a year after his repatriation, which further weakened his case.