G.R. No. 268962 , June 10, 2024
Fleet Management Services Philippines, Inc., Fleet Ship Management, Inc., and Janette T. Tumbali, Petitioners, vs. Alejandro G. Lescabo, Respondent.

FACTS

Respondent Alejandro G. Lescabo worked for petitioners Fleet Ship Management, Inc. and its local agent, Fleet Management Services Philippines, Inc., on successive contracts since 2012. In his last contract, he was hired as a fitter for nine months and boarded the MV Silverstone Express in February 2019. His duties involved strenuous physical activities for eight to 16 hours daily. In September 2019, while working, he experienced weakness, vomiting, dizziness, fever, and hiccups. After initial treatment in Hong Kong, he was later admitted to a hospital in Bangkok, Thailand, where he was diagnosed with “Sepsis; Severe Hyponatremia induced alteration of consciousness; Pneumonia and Syndrome of Inappropriate Antidiuretic Secretion (SIADH)” and declared unfit to work, leading to his medical repatriation on October 11, 2019. Upon arrival, he was referred to the company-designated physician, Dr. Nicomedes G. Cruz. On February 7, 2020, Dr. Amado G. Regino, a member of Dr. Cruz’s team, issued a final medical report declaring Lescabo fit to resume sea duties. Lescabo sought a second opinion from his chosen physician, Dr. Felix T. Terencio, who on September 3, 2020, declared him unfit for deployment. Lescabo filed a claim for disability benefits before the labor arbiter (LA). The LA ruled in his favor, awarding permanent and total disability benefits. The National Labor Relations Commission (NLRC) affirmed the LA’s decision but deleted the sickness allowance award. The Court of Appeals (CA) denied the petitioners’ Petition for Certiorari, upholding Lescabo’s entitlement to benefits.

ISSUE

Whether respondent Alejandro G. Lescabo is entitled to permanent and total disability benefits.

RULING

Yes. The Supreme Court denied the petition and affirmed the CA’s decision. The Court held that Lescabo’s illness, which occurred during the term of his contract and rendered him unfit for sea duties, is compensable. The company-designated physician’s declaration of fitness on February 7, 2020, was issued beyond the 120-day period allowed by law from Lescabo’s repatriation on October 11, 2019, without a sufficient justification for an extension. Consequently, Lescabo is deemed permanently and totally disabled. The Court also found that the petitioners failed to effectively refute the work-relatedness of his illness, which he contracted due to the strenuous nature of his duties. Furthermore, the conflict between the assessments of the company-designated physician and Lescabo’s personal physician was resolved in favor of the seafarer, as the company’s assessment was not issued within the statutory period. Thus, Lescabo is entitled to disability benefits in the amount of USD 60,000.00.