G.R. No. 252199 , May 05, 2021
CELSO B. CARAAN, PETITIONER, VS. GRIEG PHILIPPINES, INC., GRIEG STAR AS (FORMERLY GRIEG SHIPPING AS), AND ERNESTO C. MERCADO, RESPONDENTS.

FACTS

Petitioner Celso B. Caraan, a Motorman, signed a nine-month employment contract with respondent Grieg Philippines, Inc. on August 29, 2013. He was deployed on September 4, 2013. During his employment, due to strenuous work conditions and dietary provisions, he experienced pain while urinating and discharged blood. He received medical attention in Japan on May 31 and June 1, 2014, where he was diagnosed with urinary tract infection and chronic prostatitis. He was declared unfit to work and medically repatriated on June 1, 2014. Upon arrival, he went straight home. The next day, he used his company-issued health card for consultation and tests, which revealed a mass in his left kidney. His wife informed the company via mobile phone that he could not personally report due to his medical condition. On June 14, 2014, his left kidney was surgically removed, and biopsy confirmed renal cell carcinoma. On February 23, 2015, his chosen physicians, Dr. Rommel Galvez and Dr. Efren Vicaldo, declared him unfit to work as a seaman. He filed a complaint for total disability benefits on June 15, 2015. Respondents countered that he was repatriated due to a finished contract and forfeited his claim for failing to report to the company-designated physician within three days. The Panel of Voluntary Arbitrators (PVA) ruled in favor of petitioner, awarding disability benefits. The Court of Appeals reversed the PVA, dismissing the complaint for failure to comply with the three-day reportorial requirement.

ISSUE

Is petitioner entitled to disability benefits?

RULING

Yes. The Supreme Court reversed the Court of Appeals and reinstated the PVA Decision with modification. The three-day reportorial requirement under the POEA-SEC is not an absolute “bright-line rule” but a balancing test. Petitioner was exempt from strict compliance as he was physically incapacitated to report immediately after repatriation due to his serious illness, a fact known to the master of the vessel. His wife’s notification to the company and his use of the company-issued health card constituted substantial compliance. His illness, renal cell carcinoma, is compensable as it is reasonably connected to his work conditions, including exposure to chemicals and strenuous activities. The assessments of his chosen physicians are valid, as the company-designated physician failed to examine him. Petitioner is entitled to total permanent disability benefits of US$90,000.00, plus 10% attorney’s fees, with legal interest of 6% per annum on the total award from the finality of the decision until fully paid.