SUPREME COURT HOLDS THAT DISPUTABLE PRESUMPTION OF WORK-RELATION APPLIES IF UNCONTROVERTED AFTER 120/240 DAYS OF TREATMENT

Seafarer was engaged as Galley Utility.  During employment, seafarer felt pain in his left knee that radiated to his leg and thigh. He was referred to a shore doctor and eventually repatriated for treatment with the company-designated physician (CDP). It was concluded that seafarer had Giant Cell Tumor (GCT). Seafarer was then treated and it was only after more than 240 days from initial date of consult that the CDP declared the condition not work-related.  Seafarer obtained a second opinion from his doctor who declared him permanently unfit for sea duties.  

Based on the second medical opinion, seafarer filed a claim against the company for payment of disability benefits arguing that his condition is disputably presumed to be work-related.  The company denied the claim arguing that the condition is not compensable under the POEA Contract.

The Voluntary Arbitrator found for the seafarer and awarded him full benefits under the POEA Contract.  On the other hand, the Court of Appeals dismissed the claim as seafarer failed to prove work-relation of his claim.

The Supreme Court reinstated the award of disability benefits.

The Court held that under the POEA Contract,  a work-related illness is "any sickness as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied." With respect to illnesses not listed provides for a disputable presumption of work-relation such that all illnesses (or injuries) that occur during the period of the employment are presumed work-related.

Given the legal presumption of work-relation, our Rules on Evidence allows the seafarer to rely on and invoke the same to establish a fact in issue with no corresponding obligation to present any evidence, to claim for disability benefits. Rather, the burden lies on the employer to prove that the illness is not work-related and therefore, not compensable. In the absence of contrary evidence on the part of the employer, the legal presumption of work-relation prevails.

In this case, it is undisputed that seafarer's disability occurred during the term of his employment contract. The only issue is whether the same is work-related. Records show that as of the first day of consultation with the CDP until the last date of consultation which was after 240 days, the CDP has not issued a final, definite, and conclusive assessment of seafarer's disability. The Court adopted the findings of the arbitrator that the seafarer is entitled to total and permanent disability benefits.  

Since there is no final and definite assessment issued by the CDP within the prescribed periods, the company failed to discharge their burden of controverting the presumption of work-relation. Consequently, the obligation of the seafarer to present evidence proving work-relation did not arise. The non work-related medical opinion of the CDP which was issued after 240 days can no longer overcome seafarer's entitlement to disability benefits.



A.J.G. vs. North Sea Marine Services Corporation, V. ShipsLeisure S.A.M. and/or Silversea Cruises Ltd., G.R. No. 256495, December 7,2022; Second Division, Associate Justice Antonio Kho, ponente.


Author's Note:  The above decision seems to be at odds with the previous decisions of the Court which states that despite there being a disputable presumption of work-relation in the POEA Contract, the seafarer still needs to prove by substantial evidence work-relation of his condition.  Be that as it may, the above decision teaches that the CDP must issue a medical opinion to the seaman of the non work-relatedness of his condition within 120/240 days, whichever period is applicable. 

FIRM NEWS

Del Rosario Treads Waters Less Travelled

DelRosario launched its first solar-powered learning center in Dinagat Islands last August 24 2023. Dinagat Islands is a province in northeastern Mindanao south of The Philippines. During the ceremony, DelRosario turned over the DelRosario learning center and the same was received by Rizal Central Elementary School Head, Ms. Analyn Roma. On the same occasion, a total of 300 schoolbags were distributed by DelRosario to Grades 1-6 students-beneficiaries from six island barangays identified to be among the poorest of the poor. This was done in cooperation with OSM AD Foundation who we give our utmost thanks.

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