GR 250806; (September, 2021) (Digest)
G.R. No. 250806 . September 29, 2021
AVIOR MARINE, INC., CARINA MARINE N.V., AND/OR EDNA L. RANARA, PETITIONERS, VS. ARNALDO R. TURREDA, RESPONDENT.
FACTS
Petitioners hired respondent Arnaldo R. Turreda as Chief Cook. After a fit-to-work declaration, he boarded the vessel. In June 2016, he experienced severe headaches, was diagnosed with migraine in Ecuador, declared unfit for duty, and repatriated. Upon arrival in the Philippines, the company-designated physician subjected him to tests (chest x-ray, ECG) and prescribed medications for hypertension and heart conditions. Further tests revealed sinus bradycardia and aortic valve sclerosis. Despite these findings and ongoing medication, the company-designated physician issued a certificate declaring respondent fit to work on July 12, 2016, without a final resolution of his illness. As symptoms persisted, respondent consulted his personal doctor in February 2017, who diagnosed him with hypertensive cardiovascular disease, mitral regurgitation, and migraine, and certified him as permanently unfit for sea duty. Petitioners did not redeploy him. Respondent filed a disability complaint. The Labor Arbiter dismissed the complaint, but the NLRC reversed, awarding total permanent disability benefits. The CA affirmed the NLRC.
ISSUE
1. Whether the illness suffered by respondent is work-related or aggravated by his employment.
2. Whether the medical assessment given by the company-designated physician is complete and definitive.
RULING
The Supreme Court denied the petition, affirming the CA and NLRC decisions.
1. On work-relatedness: The Court ruled that respondent’s hypertensive cardiovascular disease is an occupational disease under the POEA-SEC. Respondent was asymptomatic and declared fit during his pre-employment examination. His condition manifested during his employment, and the medications and tests immediately upon repatriation indicated a cardiac condition. Given the absence of a pre-existing condition, a reasonable presumption of work-relatedness arises under Section 32(A)(11)(c) of the POEA-SEC, establishing a causal relationship between the disease and his work.
2. On the medical assessment: The Court found the company-designated physician’s assessment neither final nor definitive. The July 12, 2016 “fit to work” certification was issued only 25 days after repatriation, while respondent was still diagnosed with Hypertension Stage 1 and advised to continue medications, indicating an uncertain condition. The report was also unsigned. The company-designated physician failed to provide a complete and timely assessment within the 120/240-day period. Consequently, respondent’s temporary total disability was, by operation of law, converted into a permanent and total disability, entitling him to corresponding benefits.
