G.R. No. 238933 , July 01, 2020
Joey Rontos Clemente, Petitioner, vs. Status Maritime Corporation, Beks Demi Isletmeciligi Ve Ticaret A.S., and/or Loma B. Aguiman, Respondents.

FACTS

Petitioner Joey Rontos Clemente was hired by respondent Status Maritime Corporation as a fitter on August 7, 2015. He underwent a pre-employment medical examination and was declared fit to work. On March 25, 2016, while allegedly lifting a heavy object onboard the vessel, his shoulder snapped and dislocated. He was repatriated and diagnosed with recurrent left shoulder dislocation. After repatriation, the company-designated physician advised an MRI, but the respondent later disapproved the procedure and rejected his sickness allowance claim. Clemente consulted his own doctor, Dr. Misael Ticman, who, after an MRI, diagnosed him with “Rotator cuff tear (Supraspinatus), left shoulder,” declared him permanently disabled and unfit to work as a seafarer. Clemente filed a complaint for permanent total disability benefits. The respondents opposed the claim, alleging that Clemente fraudulently concealed his history of shoulder dislocation during his pre-employment medical examination. They presented evidence, including a medical report from a foreign doctor, Dr. Ruben Raj Selvarajah, indicating Clemente admitted this was his third episode of dislocation, with two occurring before boarding, and testimonies from crewmates supporting this. The Labor Arbiter dismissed the complaint, finding the injury not work-related and that Clemente failed to disclose his medical history. The National Labor Relations Commission and the Court of Appeals affirmed the dismissal, ruling that the willful concealment disqualified him from benefits under the POEA-SEC and that he failed to prove the injury was work-related.

ISSUE

Whether or not petitioner Joey Rontos Clemente is entitled to disability benefits, moral and exemplary damages, and attorney’s fees.

RULING

No. The Supreme Court denied the petition and affirmed the decisions of the Court of Appeals, National Labor Relations Commission, and Labor Arbiter. The Court held that Clemente was disqualified from claiming disability benefits due to his willful concealment of his pre-existing shoulder dislocation condition during his pre-employment medical examination, which constitutes fraudulent misrepresentation under Section 20(E) of the POEA Standard Employment Contract. The Court found substantial evidence, including the foreign doctor’s medical report and corroborating testimonies from crewmates, proving the concealment. The Court also ruled that Clemente failed to substantiate his claim that his injury was work-related, as he did not provide sufficient evidence to connect the injury to the nature of his work as a fitter. Furthermore, the Court found no basis to award moral and exemplary damages and attorney’s fees, as the respondents’ denial of the claim was based on a valid defense and not in bad faith. The failure of the company-designated physician to issue a final assessment was deemed irrelevant due to the valid disqualification based on concealment.