GR 248774; (May, 2021) (Digest)
G.R. No. 248774 , May 12, 2021
KENNEDY R. QUINES, PETITIONER, VS. UNITED PHILIPPINE LINES INC. AND/OR SHELL INTERNATIONAL TRADING AND SHIPPING CO., RESPONDENTS.
FACTS
Petitioner Kennedy R. Quines, an Able Seaman, had been working for respondent United Philippine Lines, Inc. (UPLI) since 2002. On December 10, 2015, he signed a six-month employment contract with UPLI for its principal, Shell International Trading and Shipping Co. (Shell Shipping Co.). During his Pre-Employment Medical Examination (PEME), he disclosed his pre-existing hypertension and maintenance medications. In the first week of March 2016, while performing strenuous duties aboard the vessel Silver Ebuna, he experienced chest pains, shivering limbs, dizziness, headaches, and shortness of breath. His blood pressure was high (170/100 mmHg), leading to his medical repatriation on April 1, 2016.
Upon repatriation, UPLI referred him to its company-designated physician, cardiologist Dr. Melissa Co Sia. After a series of examinations and treatments, the company-designated doctors issued medical reports on November 18, 2016, stating petitioner was cleared from cardiac and neurologic standpoints, his hypertension was controlled, and he was “not permanently unfit for sea duties,” attributing his dizziness and chest pain to hyperventilation syndrome and anxiety.
Dissatisfied, petitioner consulted an independent cardiologist, Dr. Antonio C. Pascual, on December 7, 2016, who diagnosed him with Ischemic Heart Disease and Hypertension Stage 2 and declared him “MEDICALLY UNFIT TO WORK AS A SEAMAN.” Petitioner filed a claim for total and permanent disability benefits. The Panel of Voluntary Arbitrators (PVA) granted his claim, finding a reasonable connection between his job and his illness and noting respondents did not re-deploy him for over 240 days. The Court of Appeals reversed the PVA decision, ruling that petitioner failed to prove his illness was work-related and that the company-designated physician’s assessment was valid. Petitioner sought review by the Supreme Court.
ISSUE
Whether petitioner 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 PVA’s award of disability benefits. The Court ruled that petitioner’s Ischemic Heart Disease and Hypertension were compensable occupational diseases. It found that the strenuous duties of an Able Seaman, combined with extreme weather conditions and the stress of shipboard work, contributed to the aggravation of his pre-existing hypertension, leading to his Ischemic Heart Disease. The Court emphasized that for illness to be compensable, it is sufficient that the work conditions contributed to the aggravation of the disease.
The Court gave more weight to the independent doctor’s assessment declaring petitioner permanently unfit for sea duty over the company-designated physician’s evaluation, which was issued beyond the 120/240-day period without a valid justification. The company-designated physician’s final assessment was issued only on November 18, 2016, more than 240 days from petitioner’s repatriation on April 1, 2016. This delay, without a sufficient explanation, rendered the assessment void, and petitioner was deemed permanently and totally disabled by operation of law.
Furthermore, the Court noted that respondents’ failure to re-deploy petitioner for over 240 days was a clear indication of his permanent disability. The award of attorney’s fees was also upheld as petitioner was compelled to litigate to enforce his valid claim.
