GR 232892; (April, 2018) (Digest)
G.R. No. 232892 APRIL 4, 2018
ALFREDO MALLARI MAGAT, Petitioner, vs. INTER ORIENT MARITIME ENTERPRISES, INC., INTER ORIENT MARITIME ENTERPRISE LIBERIA FOR DROMON E.N.E. and JASMIN P. ARBOLEDA, Respondents.
FACTS
Petitioner Alfredo Magat, an Able Seaman, was deployed by respondent Interorient Maritime Enterprises, Inc. in July 2011. During his contract, while painting a poorly ventilated pump room, he inhaled paint and thinner vapors, leading to chest pain and shortness of breath. He reported this but was told to rest. His condition improved, and he finished his contract, being repatriated on July 6, 2012. Upon arrival, he requested a medical referral from the company but was ignored. He then signed an Offsigner’s Data Slip stating no illness during employment. However, due to persistent chest pains, he consulted an independent physician, Dr. Casison, on July 9, 2012, and was advised to rest. When he reapplied, his Pre-Employment Medical Examination (PEME) revealed heart conditions, barring his redeployment. Dr. Casison later issued a Medical Evaluation on March 1, 2013, diagnosing him with a disabling coronary artery disease and declaring him unfit for work.
ISSUE
Whether petitioner is entitled to total and permanent disability benefits.
RULING
Yes, the Supreme Court granted the petition and reinstated the NLRC decision awarding disability benefits. The legal logic centers on the work-relatedness of the illness and compliance with procedural rules. First, cardiovascular disease is a listed occupational disease under the POEA-SEC. Petitioner established a reasonable connection between his strenuous duties, exposure to harmful chemicals in an enclosed space, and the development of his heart condition. His passing of a rigorous PEME prior to deployment created a presumption that his illness was work-related, which the respondents failed to rebut with substantial evidence.
Second, the Court clarified that the mandatory three-day post-employment medical examination requirement applies when a seafarer is repatriated for medical reasons. Petitioner was repatriated upon contract completion, not for medical reasons. His failure to report within three days to a company-designated physician was thus not fatal to his claim, especially since he immediately sought medical attention from his own doctor due to the company’s inaction. His subsequent PEME findings and the independent physician’s assessment of permanent disability substantiated his entitlement to benefits. The award of attorney’s fees was proper as he was compelled to litigate to protect his rights.