GR 225756; (November, 2019) (Digest)
G.R. No. 225756, November 28, 2019
VICTORINO G. RANOA, PETITIONER, VS. ANGLO-EASTERN CREW MANAGEMENT PHILS., INC., ANGLO-EASTERN CREW MGT. (ASIA) LTD., AND/OR CAPT. GREGORIO B. SIALSA, AND COURT OF APPEALS (TENTH DIVISION), RESPONDENTS.
FACTS
Petitioner Victorino G. Ranoa was hired as Master of the vessel “Genco Bay” on March 19, 2013. He underwent a Pre-Employment Medical Examination (PEME) and was declared fit for sea duty. On May 21, 2013, while on board, he suffered dizziness, vomiting, chest pain, shortness of breath, and cold sweat, and was found to have elevated blood pressure. He was repatriated on May 26, 2013, and referred to company-designated doctors, who issued a Grade 12 disability rating on October 24, 2013. Petitioner consulted a private doctor, Dr. Antonio C. Pascual, who diagnosed him with Stage 2 hypertension and coronary artery disease and declared him unfit for sea duties. Petitioner filed a complaint for permanent total disability benefits. Private respondents argued that petitioner willfully concealed a prior diagnosis of coronary artery disease and a previous coronary angiogram, and that he was only entitled to Grade 12 disability benefits. The Labor Arbiter granted petitioner’s claim. The NLRC affirmed but deleted the award of damages. The Court of Appeals reversed, holding petitioner was not entitled to permanent disability benefits, finding he failed to prove his illness was compensable and that he concealed a pre-existing condition.
ISSUE
Whether petitioner is entitled to total and permanent disability benefits.
RULING
No. The Supreme Court affirmed the Court of Appeals’ decision with modification. The Court held that petitioner was guilty of willful concealment of a pre-existing illness. During his PEME, he answered in the negative when asked if he was aware of, diagnosed with, or treated for hypertension and heart disease, despite having been previously diagnosed and having undergone a coronary angiogram. This concealment was material and barred his claim for disability benefits. The Court found the company-designated doctors’ affidavits, stating petitioner admitted his prior condition to them, to be credible and not violative of physician-patient privilege as the information was relevant to the compensation claim. The Court also noted that petitioner failed to request a referral to a third doctor despite conflicting medical assessments. However, as the company-designated doctors had issued a Grade 12 disability rating, the Court modified the appellate decision to award benefits corresponding to that grade. Private respondents were ordered to pay petitioner the amount for Grade 12 disability under the Collective Bargaining Agreement, plus attorney’s fees and interest.
