THIRD DIVISION
G.R. No. 170706, August 26, 2015
PRUDENCIO CARANTO, Petitioner, v. BERGESEN D.Y. PHILS. AND/OR BERGESEN D.Y. A.S.A., Respondents.
D E C I S I O N
PERALTA, J.:
Before us is a petition for review on certiorari assailing the Decision1 dated September 9, 2005 of the Court of Appeals issued inCA- G.R. SP No. 87979 which reversed the Resolution2 dated August 31, 2004 of the National Labor Relations Commission (NLRC) in NLRC NCR Case No. (M) 00-09-1459-00. Also assailed is theCA Resolution3 dated December 9, 2005 denying reconsideration thereof.
On October 21, 1999, petitioner was hired by respondent Bergesen D. Y. Phils., Inc., the local manning agent of respondent Bergesen D. Y. ASA, as Chief Steward/Cook aboard its vessel "M/V Berge Hus", for a period of 9 months with a salary of US$877.00 per month.4 Petitioner had previouslyentered into 3 separate contracts of employment with respondents. Petitiorter is a member of the Associated Marine Officers' and Seamen's Union pCthe Philippines (AMOSUP) which has a Collective Bargaining (CBA) with respondent foreign principal, represented by respondent local manning agent.5 Petitioner underwent a pre-employment medical examination (PEME) before he was deployed for overseas employment. His PEME indicated that he was fit for sea service but with a notation "Class B diabetes mellitus controlled with medications".6 Petitioner embarked on respondents' vessel and left the Philippines on December 11, 1999.
On December 18, 1999, while on board the vessel, petitioner felt a severe headache accompanied by fever and dizziness. Despite the medication given him by the Chief Mate, his condition did not improve. He was examined by a medical doctor from Jivan Deep Hospital and Polyclinic in Jamnagar, India, who diagnosed him to be suffering; from diabetes mellitus and hypertension.7 He was then signed off from the vessel and repatriated to the Philippines on December 25, 1999 for further medical treatment.
On January 3, 2000, petitioner was referred to Dr. Nicomedes G. Cruz (Dr. Cruz), the company-designated physician, from Medical Center Manila. Dr. Cruz had seen petitioner seven times8 wherein he instructed the latter to undergo laboratory examinations. He had issued reports9 on different dates indicating the laboratory results and the prescribed medications as well as petitioner's physical condition. During petitioner's visit on April 7, 2000, Dr. Cruz found that petitioner was not suffering from body weakness, the repeat FBS was normal and his blood pressure was 130/70 which was normal Petitioner was then diagnosed with controlled hypertension and diabetus mellitus, and was declared fit to work on April 7, 2000.10redarclaw
While Dr. Cruz declared petitioner fit to work on April 7, 2000, respondents still granted the request of petitioner's counsel for another medical opinion. Thus, in a fax transmission11 dated June 22, 2000 sent to petitioner's counsel, respondents required petitioner to see Dr. Natalia G. Alegre (Dr. Alegre) of St. Luke's Hospital for a second medical opinion. Petitioner went to see Dr. Alegre only on August 31, 2000 wherein he was directed to undergo laboratory examinations. On September 7, 2000, Dr. Alegre issued a Medical Report12 as follows:LawlibraryofCRAlaw
The chest x-ray of Mr. Prudencio Caranto showed the heart not enlarged. The FBS was elevated at 236 mg/dl (normal Value: 70-110). The creatinine (kidney function test) was normal but the urinalysis showed +2 glucose. The Glycohemoglobin test (HbAIC) was normal. The 2D Echo revealed concentric left ventricular hypertrophy with adequate wall motion and contractility but with diastolic dyskinesia.
Patient then has complications involving the heart and the eyes (Gr. I-II hypertensive retinopathy). He belongs to medium to high risk category group that in 20-30% in 10 years will develop severe complications (heart attack, heart failure). These target organ damage, eyes and heart, were brought about by non-compliance in the intake of medications (financial reasons?). Proper control could not be attained because of the above reason. Our Cardiologist feels that the hypertension and diabetes could be brought under control with diet, exercise and medications given an approximate time.
Diagnosis: Hypertensive Cardiovascular Disease, Poorly Controlled Non-Insulin Dependent Diabetes Mellitus, Poorly Controlled.
Mr. Caranto at this time is not fit for work as opined by our Cardiologist based on the above diagnoses and may be given a disability of Gr. 12 (slight residuals of disorder of the intra-thoracic organ [heart] and intra abdominal organ [pancreas-diabetes]) under the heading Abdomen #5.13
-Patient has both hypertension (uncontrolled) and diabetes mellitus
-His being male and age 51 put him at risk for complications of both elevated BP and blood sugar (diabetes)
-These complications commonly involve the heart, the brain and the kidneys, although at present he does not have obvious clinical manifestations of such, in the very near future any of these target organs may fail.
-His HPN and DM necessitates lifetime maintenance medicines.
Gainful employment is hard to get when one is diabetic and hypertensive.14
WHEREFORE, premises duly considered, judgment is hereby entered ordering herein respondents Bergensen D.Y. Philippines, Inc. and Bergensen D.Y. ASA jointly and severally to pay complainant Prudencio Caranto:LawlibraryofCRAlaw1. To pay the sum of US$60,000.00 as permanent medical unfitness benefits under the pertinent provisions of the CBA (TCCC) of herein parties; andSO ORDERED.18
2. To pay further the sum often percent (10%) of the total award due to the complainant as attorney's fees.
All other claims are dismissed for lack of basis.
WHEREFORE, premises considered, the present petition is hereby GIVEN DUE COURSE and the writ prayed for accordingly GRANTED. The assailed Resolutions dated August 31, 2004 and November 22, 2004 of the National Labor Relations Commission in NLRC CA No. 035491-03 (NLRC NCR Case No. [M] 00-09-1459-00) are hereby REVERSED and SET ASIDE. A new judgment is hereby entered ORDERING the petitioners Bergesen D.Y. Phils. Inc. and/or Bergesen D.Y. ASA to pay private respondent Prudencio Caranto permanent disability benefits in accordance with the Schedule of Compensation under Section 30 of the POEA Standard Employment Contract on the basis of disability assessment Grade 12 (slight residual of the intra-thoracic organ and intra abdominal organ) of the company-designated physician Dr. Natalia G. Alegre in the amount of US$5,225.00 or its equivalent in Philippine Currency. In addition, private respondent is entitled to attorney's fees equivalent to ten percent (10%) of the total award.20
I
THE COURT OF APPEALS ERRED IN REVERSING AND SETTING ASIDE THE JUDGMENT OF BOTH THE LABOR ARBITER A QUO AND THE NLRC FINDING PETITIONER TO BE ENTITLED, AMONG OTHERS, TO DISABILITY BENEFITS IN THE AMOUNT OF US$60,000.00 UNDER THE PERTINENT PROVISIONS OF THE CBA.II
THE COURT OF APPEALS ERRED IN DISREGARDING THE FINDINGS OF THE PETITIONER'S INDEPENDENT PHYSICIAN AND IN UPHOLDING INSTEAD THE OPINION OF THE RESPONDENTS' "OTHER COMPANY-DESIGNATED PHYSICIAN."III
IN ANY EVENT AND EVEN IF THE OPINION OF THE COMPANY DESIGNATED PHYSICIAN WAS CORRECTLY UPHELD BY THE COURT OF APPEALS, STILL, PETITIONER'S DISABILITY SHOULD BE CONSIDERED AS TOTAL AND PERMANENT IN ACCORDANCE WITH THE RULING OF THE HONORABLE COURT IN THE RECENT CASE OF CRYSTAL SHIPPING INC., A/S STEIN LINE BERGEN VS. DEO P. NATIVIDAD, G.R. NO. 154798, OCTOBER 20, 2005.21
Section 20-B. Compensation and Benefits for Injury or Illness. - The liabilities of the employer when the seafarer suffers injury or illness during the term of his contract are as follows:LawlibraryofCRAlaw
1. The employer shall continue to pay the seafarer his wages during the time he is on board the vessel.
2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated. However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician.
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician, but in no case shall this period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a post employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.
4. Upon sign-off of the seafarer from the vessel for medical treatment, the employer shall bear the full cost of repatriation in the event that the seafarer is declared (1) fit for repatriation; or (2) fit to work but the employer is unable to find employment for the seafarer on board his former vessel or another vessel of the employer despite earnest efforts.
5. In case of permanent total or partial disability of the seafarer during the term of employment caused by i either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 30 of his Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation application at the time the illness or disease was contracted.
x x x Clearly, the determination of whose medical findings, including disability assessment, should be given more weight would depend on the length of time the patient was under treatment and supervision, results of laboratory procedures used as basis for diagnosis and recommendation, and detailed knowledge of the patient's case reflected in the medical certificate itself. A comparison of the medical certificates issued by Dr. Alegre and Dr. Vicaldo reveals that the former's findings were based on results of certain laboratory procedures such as urinalysis and chest x-ray, while that of the latter merely stated the usual expected long term complications associated with diabetes mellitus. The present target organ in private respondent's case was determined by Dr. Alegre to be the heart and eyes (hypertensive retinopathy), while Dr. Vicaldo plainly indicated the lifelong medications are necessitated by his "HPN and DM" and that long term complications involve the heart, brain and 'kidneys. Further, while Dr. Vicaldo's diagnosis of uncontrolled diabetes mellitus and essential hypertension was based only on the patient's age belonging to high risk group, Dr. Alegre attributed the patient's poorly-controlled diabetus mellitus and essential hypertension to "non-compliance with the intake of medicines" considering his earlier medication and treatment under Dr. Cruz from the time he was repatriated to the Philippines in a three (3)-month period, at the end of which term he was declared "fit to work."
Indeed, diabetus mellitus is a chronic disease with no cure but it can almost always be managed effectively Management of the disease may include lifestyle modifications such as losing weight, diet and exercise to long term use of oral hypoglycemics or insulin therapy. Adequate control of diabetes leads to a lower risk of the complications of uncontrolled diabetes which include kidney failure (requiring dialysis or transplant), blindness, heart disease and limb amputation. Thus, patient education and compliance with treatment is very important in managing the disease; improper use of medications and insulins can be very dangerous causing hypo- or hyper glycemic episodes. Among the major risk of the disorder are chronic problems affecting multiple organ systems which will eventually arise in patients with poor glycemic control. Considering the subjective factor involved in the assessment of risks for long-term complications of the disease, an accurate appraisal of the disability of private respondent must be based not only on laboratory procedures conducted at the time of examination but also his medical history, i.e., medications and progress in his condition. We find the generalized statements of Dr. Vicaldo not sufficient compared to a more detailed medical assessment of Dr. Alegre based on actual laboratory results and recent medical history of private respondent. Private respondent assailed the finding of Dr. Alegre that his poorly-controlled diabetes mellitus and essential hypertension were brought about by his non-compliance with the intake of medicines. Private respondent produced some prescriptions by different doctors, but his appointed doctor, Dr. Vicaldo, neither presented any clinical explanation to controvert Dr. Alegre's evaluation. At any rate, we find no substantial evidence to support the NLRC's finding that Dr. Vicaldo's medical finding and disability assessment as reliable and satisfactory compared to that of Dr. Alegre, the company-designated physician. Hence, Dr Alegre's disability rating of Gr. 12 (pancreas-abdomen) under the Schedule of Compensation should be the basis of computation of disability benefit to which private respondent is entitled.31
20.1.4 Compensation for disability
x x x x
20.1.5 Permanent Medical Unfitness - A seafarer whose disability is assessed at 50% or more under the POEA Employment Contract shall, for the purpose of this paragraph as regarded as permanently unfit for further sea service in any capacity and entitled to 100% compensation, i.e., US$80,000.00 for officers and US$60,000.00 for ratings. Furthermore, any seafarer assessed at less than 50% disability under the Contract but certified as permanently unfit for further sea service in any capacity by the company doctor, shall also be entitled to 100% compensation.32
Endnotes:
* Designated Acting Member in lieu of Associate Justice Martin S. Villarama, Jr., per Raffle dated August 26, 2015.
** Designated Acting Member in lieu of Associate Justice Bienvenido L. Reyes, per Special Order No. 2112 dated July 16, 2015.
1 Penned by Associate Justice Martin S. Villarama, Jr. (now a member of this Court), with Associate Justices Regalado E. Maambong and Lucenito N. Tagle, concurring; rollo, pp. 195-221;
2 Per Commissioner Tito F. Genilo, concurred in by Presiding Commissioner Lourdes C. Javier, Commissioner Ernesto C. Verceles was on leave; id at 93-102.
3Rollo, p. 247.
4 Id. at 28.
5 Id. at 29-48.
6 Id. at 49.
7 Records, Vol. I, p. 59.
8 On January 3, 10, 24, 2000, February 10, 24, 2000, March 9, 2000, April 7, 2000.
9 Records, Vol. II, pp. 88-93.
10 Id at 68.
11 Records, Vol. I, pp. 128-129.
12 Id. at 28.
13 Id.
14 Records, Vol. II, pp. 85-87.
15 Records, Vol. I, p. 6.
16 Id. at 39-42.
17Rollo, pp. 79-91; Per Labor Arbiter Elias 1-1. Salinas; Docketed as NLRC NCR Case No. (M) 00-09-1459-00.
18 Id. at 91.
19 Id. at 104-105.
20 Id. at 220-221.
21 Id. at 17-18.
22Masangcay v. Trans-Global Maritime Agency, Inc., 590 Phil. 611, 624 (2008).
23 Id., citing Alfaro v. Court of Appeals, 416 Phil. 310, 318 (2001).
24 Id., citing San Juan De Dios Educational Foundation Employees Union-Alliance of Filipino Workers v. San Juan De Dios Educational Foundation, Inc., G.R. No. 143341, May 28, 2004, 430 SCRA 193, 205-206.
25 Supra note 18.
26Andrada v. Agemar Manning Agency. Inc., G.R. No. 194758, October 24, 2012, 684 SCRA 587, 598.
27 Id
28 Id., citing Maunlad Transport, inc. v. Manigo, Jr., 577 Phil. 319, 328 (2008).
29 Id., citing Seagull Maritime Corp. v. Dee, 548 Phil. 660, 669 (2007).
30 Records, Vol. I, p. 27.
31Rollo, pp. 215-216.
32 Id. at 48.
33 510 Phil. 332, 341 (2005).