G.R. No. 221117 . February 20, 2019
JEBSENS MARITIME, INC., ABOITIZ JEBSENS BULK TRANSPORT CORPORATION, and/or ENRIQUE M. ABOITIZ, Petitioners, vs. JESSIE D. ALCIBAR, substituted by MILDRED U. ALCIBAR, Respondent.

FACTS

Respondent Jessie D. Alcibar was hired as an ordinary seaman for a nine-month contract. He was declared fit upon pre-employment examination. During his employment aboard the vessel, he alleged that the meals served were consistently high in fat and cholesterol, and the cooking practices were poor. In February 2011, he experienced severe anal pain and bloody stool. His requests for medical attention on board were allegedly ignored. He was eventually examined in Canada in March 2011 and diagnosed with internal hemorrhoids. After his contract expired, he was repatriated on April 5, 2011.
Upon repatriation, Alcibar reported his deteriorating health to petitioners, who informed him he must await approval for a post-employment medical examination. While waiting in his province, he received no call. His condition worsened, leading him to seek independent medical attention at AMOSUP Seamen’s Hospital in Cebu on May 7, 2011, where he was diagnosed with Stage 2A rectal (colon) cancer and subsequently underwent surgery. He filed a complaint for permanent disability benefits, sickness allowance, and damages.

ISSUE

Whether Alcibar is entitled to permanent total disability benefits and sickness allowance for his colon cancer, considering the alleged non-compliance with the post-employment medical examination requirement and the work-relatedness of his illness.

RULING

Yes. The Supreme Court denied the petition and affirmed the Court of Appeals’ award of benefits. The legal logic proceeds from two key principles in seafarer compensation cases. First, for an illness to be compensable, it is sufficient that the work contributed to its development or aggravation, even if only to a small degree. The Court found substantial evidence that the poor dietary provisions on board—allegedly high in fat and cholesterol—increased Alcibar’s risk of contracting colon cancer, thereby establishing a reasonable work-connection. The disputable presumption that an illness occurring during employment is work-related was not overturned by the petitioners.
Second, the Court ruled that the mandatory requirement of a post-employment medical examination by a company-designated physician within three working days from repatriation was deemed waived by the petitioners. Alcibar immediately reported his condition upon arrival, but the petitioners failed to schedule the required examination, telling him to wait for management approval. This inaction estopped them from using non-compliance as a defense. Alcibar’s subsequent independent medical diagnosis, which confirmed a serious illness, was thus admissible to substantiate his claim. Consequently, his colon cancer was deemed compensable, entitling him to disability benefits and sickness allowance under the Collective Bargaining Agreement.