G.R. No. 254186 , April 17, 2024
SOLITO C. AMORES, JR., PETITIONER, VS. GOLDROUTE MARITIME INC., RESPONDENT.

FACTS

Petitioner Solito C. Amores, Jr. was hired by respondent Goldroute Maritime Inc. as an oiler on March 28, 2015, and was declared fit for sea duty after a pre-employment medical examination (PEME). During his contract in October 2015, he experienced chest pains and shortness of breath. He was repatriated on October 18, 2015, before his contract expired. Upon reporting to the respondent’s office the next day, he was told he would be transferred to another vessel and to wait for deployment advice. He requested a post-employment medical examination due to ongoing chest pains but was told to see his own doctor. He consulted a private doctor on October 20, 2015. On December 5, 2015, he was informed of a deployment lineup and advised to undergo PEME. On December 15, 2015, the company-designated physician examined him and declared him unfit for sea duty, finding “Hypertension, Controlled, T/C Ischemic Heart for Work-Up and Possible Angiography.” Further cardiovascular evaluation on December 28, 2015, resulted in an assessment of “Hypertensive cardiovascular disease to rule out Atherosclerotic Heart Disease,” with a recommendation for a CT Angiogram. Petitioner requested a grievance meeting on January 8, 2016, which failed, prompting him to file a Notice to Arbitrate for disability benefits. The Panel of Voluntary Arbitrators (PVA) ruled in his favor, awarding total and permanent disability benefits, sickness allowance, and attorney’s fees. The Court of Appeals reversed the PVA, ruling the claim was premature as the company-designated physician had not issued a final assessment, and awarded sickness allowance only from repatriation until the claim was filed. Petitioner elevated the case to 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 Resolution, and reinstated the PVA Decision awarding total and permanent disability benefits. The Court ruled that the respondent failed to comply with its duty under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) to refer the seafarer to a company-designated physician for a post-employment medical examination within three working days from repatriation. The respondent’s instruction for petitioner to wait for redeployment and to see his own doctor, and its subsequent directive for him to undergo a PEME for a new contract instead of a post-employment examination, constituted a refusal to subject him to the mandatory post-employment medical examination. This refusal rendered the 120/240-day treatment period inapplicable. Consequently, petitioner was deemed totally and permanently disabled by operation of law, entitling him to full disability benefits. The award of sickness allowance and attorney’s fees by the PVA was also reinstated.