G.R. No. 230919 & G.R. No. 230932, January 20, 2021
Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc., Petitioners, vs. Antonio R. Jamias, Respondent.

Antonio R. Jamias, Petitioner, vs. Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc., Respondents.

FACTS

Seafarer Antonio R. Jamias was rehired as Cook AB by Blue Manila, Inc. in February 2011 under a six-month contract. In August 2011, while lifting sacks of potatoes, he felt excruciating pain in his waist area. He later complained of abdominal pain and was diagnosed with constipation and umbilical hernia at a hospital in Norway, leading to his medical repatriation on August 24, 2011. Upon repatriation, he was admitted to Manila Doctor’s Hospital. The company-designated doctor ordered an MRI of his lumbosacral spine on August 25, 2011, which revealed “Disc desiccation and diffuse disc bulge with focal broad-based central disc protrusion” at L5-S1. Jamias underwent surgery for his umbilical hernia on September 24, 2011, but his lower back pain persisted. The company-designated physician declared him fit-to-work on November 12, 2011, attributing the back pain to aging. Jamias sought a medical evaluation for his back pain and, after receiving no response from petitioners, consulted an independent orthopedic specialist, Dr. Renato P. Runas, who diagnosed him with a “central broad-based disc herniation,” a Grade 8 disability under the POEA Contract, rendering him unfit for sea duty. Jamias filed a claim for disability benefits.
Petitioners contended Jamias’ back ailment was not work-related, as he was repatriated for abdominal pain/umbilical hernia, not back pain, and he did not complain of back pain while under the care of the company-designated physician or disclose it in a subsequent PEME. The Panel of Voluntary Arbitrators (PVA) referred Jamias to a third doctor, Dr. Samuel M. Grozman, but limited the issue to whether the herniated disc was a necessary consequence or remotely related to the resolved umbilical hernia. Dr. Grozman found no reported literature linking an umbilical hernia to a herniated disc. The PVA awarded Jamias US$80,000 in disability benefits. The Court of Appeals set aside the PVA’s award, ruling the third doctor’s evaluation was incomplete as it lacked a disability grading assessment, and ordered the parties to comply with the procedure for appointing a third doctor whose assessment would be final.

ISSUE

Whether the seafarer’s ailment must be a necessary consequence or directly connected to the cause of medical repatriation to be compensable.

RULING

No. The Supreme Court ruled that for an illness to be compensable, it need not be the cause of the seafarer’s medical repatriation. The Court emphasized that the conditions for compensability under the POEA-SEC are disjunctive: (1) the illness is work-related; and (2) the illness existed during the term of the seafarer’s employment contract. The illness need not have been the reason for repatriation.
The Court found Jamias’ herniated disc was work-related. His duties as a cook involved strenuous manual labor, including lifting heavy provisions. The injury occurred during his employment contract while performing his duties. The company-designated physician’s immediate order for a lumbosacral MRI upon repatriation indicated the back condition was present and being addressed within the contract term. The Court rejected petitioners’ argument that the back ailment was a pre-existing or degenerative condition, noting that even pre-existing conditions are compensable if aggravated by work.
The Court also held that the company-designated physician failed to issue a valid and timely final medical assessment on Jamias’ disability. The fit-to-work declaration on November 12, 2011, was issued without addressing the unresolved back condition revealed by the MRI. Furthermore, the company-designated physician did not issue any assessment within the 120/240-day period as required by law. This failure resulted in Jamias being deemed permanently and totally disabled.
The Supreme Court reversed the Court of Appeals’ Decision and Resolution. It denied the petition in G.R. No. 230919 (filed by the manning agents) and granted the petition in G.R. No. 230932 (filed by Jamias). The PVA’s award of US$80,000 in total and permanent disability benefits to Jamias was reinstated.