North Sea Marine Services Corporation v. Enriquez

Facts:

North Sea Marine Services Corporation, for and on behalf of its foreign principal, petitioner Carnival Cruise Lines, entered into a Contract of Employment with respondent for a period of six months as Assistant Plumber for the vessel MS Carnival Triumph. While in the performance of his duties, respondent experienced pains. The ship doctor diagnosed him to be suffering from mechanical back pains and prescribed him with medicines but was later medically repatriated due to the worsening of back pains. Respondent was immediately referred to the company-designated physician, Dr. John Rabago. The Magnetic Resonance Imaging (MRI) of respondent's cervical spine test revealed that he was suffering from Cervical Spondylosis with Thickening of the Posterior Longitudinal Ligament from C2-3 to C5-6; Mild Disc Bulging from C3- 4 to T2-E; and Superimposed Left Paracentral Disc Protrusion at C5-6. During his confinement at the Cardinal Santos Medical Center from October 28, 2008 to October 30, 2008, respondent underwent Anterior Disectomy, Spinal fusion C5-C6 Ciliac Bone Graft, and Anterior Plating. After his discharge from the hospital, respondent continuously reported to the orthopedic surgeon for medical treatment and evaluation. On November 28, 2008, he was referred to a physiatrist to undergo physical therapy. Dr. Rabago declared respondent fit to resume sea duties. Respondent thereafter signed a Certificate of Fitness to Work, releasing petitioners from all liabilities. Respondent consulted an independent orthopedic surgeon, Dr. Venancio P. Garduce, Jr., of the UP-PGH Medical Center, who certified his unfitness to work as a seaman.

Respondent filed a Complaint with the NLRC seeking to recover permanent disability compensation in the amount of US$80,000.00 under the International Transport Workers' Federation Cruise Ship Collective Bargaining Agreement, balance of sick wages for two months, moral and exemplary damages, and attorney's fees. The Labor Arbiter denied respondent's claim for disability benefits. The respondent appealed from the Decision of the Labor Arbiter. Petitioners instead an Opposition to Complainant's Request for Payment of Financial Assistance. NLRC found respondent's appeal meritorious. The NLRC ruled that permanent and total disability did not mean a state of absolute helplessness but mere inability to perform usual tasks. Petitioners filed a motion for reconsideration but was denied. Petitioners filed a Petition for Certiorari with Application for the Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction to enjoin the enforcement and execution of the NLRC judgment but was again denied the prayer for TRO and dismissed the Petition for Certiorari.

Issue:

Did the Court of Appeals committed serious error in holding that Respondent is entitled to disability benefits after being declared FIT TO WORK by the company-designated physician?

Held:

The respondent failed to adequately prove that he was entitled to the benefits of an alleged CBA he had presented. There was no evidence that an accident happened that caused respondent's injury. There was no report in the crew illness log that an accident happened on board the vessel which resulted in respondent's back pain. It is clearly provided in the POEA-SEC that in order to claim disability benefits, it is the company-designated physician who must proclaim that the seafarer suffered a permanent disability, whether total or partial, due to either injury or illness, during the term of his employment. While the provisions of the POEA-SEC are liberally construed in favor of the well-being of Filipino seafarers, the law nonetheless authorizes neither oppression nor self-destruction of the employer. The Supreme Court sustained the Labor Arbiter's award of US$3,000.00 as financial assistance in the interest of equity and compassionate justice.

Note: This is also posted on Facebook for our class. Our Page's name is Rerum Novarum / JBJ. The link goes straight to my thread of digests.