G.R. No. 238612 , January 13, 2021
JEROME I. MARIVELES, PETITIONER, VS. WILHELMSEN-SMITHBELL MANNING, INC. AND WILHELMSEN SHIP MANAGEMENT, LTD., RESPONDENTS.

FACTS

Petitioner Jerome I. Mariveles was engaged by respondents as an Able-Bodied Seaman on April 8, 2013. During his pre-employment medical examination on March 19, 2013, a physician’s referral slip indicated he had “Cardiac Arrythmia.” Despite this, respondents declared him fit to work on March 25, 2013, with prescribed maintenance medicines. In November 2013, while on board, Mariveles experienced chest pain, dizziness, and breathing difficulties. He was referred to a hospital in Dubai, diagnosed with “Coronary Artery Disease; Hyperlipidemia; Leukocytosis and Thrombocythemia; Hyperuricemia; and Hyperparathyroid Gland,” confined from November 19 to 28, 2013, and then repatriated. In the Philippines, the company-designated physician, Dr. Esther G. Go, diagnosed him with “Coronary Artery Disease; SIP Percutaneous Coronary Intervention of the Right Coronary Artery – Right Posterolateral Branch; Essential Thrombocytosis; Dyslipidemia; and Hyperuricemia,” assessing his disability as Grade 7. An independent physician, Dr. Leonardo Raymundo, later declared him “unfit to withstand the rigors of sea duty.” Mariveles filed a claim for disability benefits. The Office of the Voluntary Arbitrators granted him US$93,154.00 as total permanent disability benefits plus attorney’s fees. The Court of Appeals reversed this, ruling Mariveles failed to prove his illness was work-related under the POEA-SEC and the CBA.

ISSUE

Whether Mariveles is entitled to total and permanent disability benefits.

RULING

Yes. The Supreme Court granted the Petition, reversed the Court of Appeals Decision, and reinstated the Voluntary Arbitrators’ award of disability benefits and attorney’s fees. The Court held that for a disease to be compensable, it is sufficient that a reasonable work connection exists, and probability, not certainty, is the touchstone. Mariveles’ Coronary Artery Disease is listed as an occupational disease under Section 32-A of the POEA-SEC. He substantiated the reasonable connection between his illness and his work by detailing his strenuous duties as an Able-Bodied Seaman and alleging that the food provided on board was high in fat and cholesterol, which could contribute to his condition. The Court ruled that the conditions of his employment likely increased the risk of contracting the disease. Furthermore, his pre-existing condition (noted during the pre-employment exam) did not bar compensation, as his work aggravated it. The company-designated physician’s assessment of Grade 7 disability was deemed irrelevant because the independent physician’s finding of unfitness for sea duty constituted total and permanent disability. Thus, Mariveles was entitled to the maximum disability benefits under the CBA. Attorney’s fees were also awarded as respondents’ refusal to pay justified the litigation.