G.R. No. 228550 , July 28, 2021
Joemar Babiera Bacabac, Petitioner, vs. NYK-FIL Shipmanagement Inc. and NYK Shipmanagement Pte Ltd., Respondents.

FACTS

Petitioner Joemar Babiera Bacabac was hired by respondents as an oiler on November 25, 2011, and deployed on December 8, 2011, for a nine-month contract. On March 11, 2012, while on board the vessel, he felt dizzy, suffered abdominal pain, and later vomited blood. He was confined in a clinic in Chile from March 15 to May 19, 2012, where he underwent dialysis and surgery for bile duct stones. He was medically repatriated on May 21, 2012, and immediately brought to Manila Doctor’s Hospital. On May 23, 2012, the company-designated physician diagnosed him with Severe Acute Cholangitis (inflammation of the bile duct) and declared his condition not work-related. He was discharged on June 19, 2012, with respondents shouldering all treatment costs. On September 24, 2012, Joemar filed a complaint for total and permanent disability benefits, sickness allowance, and other claims. The Labor Arbiter granted his claims, ruling his illness was presumed work-related. The NLRC reversed, dismissing the complaint, finding the company physician’s opinion that the illness was not work-related categorical and that Joemar failed to establish a reasonable connection between his illness and his work. The Court of Appeals affirmed the NLRC, holding that Joemar failed to discharge his burden of proving his illness was work-related, as it was not listed as an occupational disease under the POEA-SEC, and he did not specify the work conditions and risks that caused or contributed to his condition.

ISSUE

Whether petitioner Joemar Babiera Bacabac is entitled to total and permanent disability benefits and sickness allowance.

RULING

Yes. The Supreme Court granted the petition, reversed the Court of Appeals Decision, and reinstated the Labor Arbiter’s judgment with modification. The Court ruled that Joemar’s illness manifested during the term of his employment contract, as he felt symptoms on March 11, 2012, while on board. Applying the rules in Ventis Maritime Corporation v. Salenga, for an illness that manifests during the contract term and is not listed as an occupational disease under Section 32 of the POEA-SEC, it is disputably presumed work-related. The burden then shifts to the employer to rebut this presumption. Here, the respondents relied solely on the company physician’s opinion that the illness was not work-related, which was inadequate to overcome the presumption. The medical report was not complete and definite, as it only stated the diagnosis without a valid final assessment on Joemar’s disability or fitness to work. Since the company physician failed to issue a valid assessment within the 120/240-day periods, Joemar’s disability was deemed total and permanent. Consequently, he is entitled to US$60,000.00 permanent total disability benefits and US$2,256.00 sickness allowance. The award of attorney’s fees equivalent to ten percent (10%) of the total monetary awards was also upheld, as Joemar was forced to litigate. The total monetary award shall earn interest at six percent (6%) per annum from the date of finality of the decision until fully paid.