G.R. No.

193047 March 3, 2014

FIL-PRIDE SIDPPING COMPANY, INC., CAPAIN NICOLAS . DOLLOLASA a!" OCEAN
EAGLE SIDPMANAGEMEN COMPANY, PE.LD., Petitioners,
vs.
EDGAR A. #ALASA, Respondent.
D E C I S I O N
DEL CASILLO, J.:
The company-designated physician must arrive at a deinite assessment o the seaarer!s itness to
"or# or permanent disa$i%ity "ithin the period o &'( or ')( days,
&
pursuant to *rtic%e &+' ,c-,%- o the
.a$or Code and Ru%e /, Section ' o the *mended Ru%es on Emp%oyees Compensation ,*REC-. I
he ai%s to do so and the seaarer!s medica% condition remains unreso%ved, the %atter sha%% $e deemed
tota%%y and permanent%y disa$%ed. On the other hand, an emp%oyee!s disa$i%ity $ecomes permanent
and tota% even $eore the %apse o the statutory ')(-day treatment period, "hen it $ecomes evident
that the emp%oyee!s disa$i%ity continues and he is una$%e to engage in gainu% emp%oyment during
such period $ecause, or instance, he under"ent surgery and it evident%y appears that he cou%d not
recover thererom "ithin the statutory period.
This Petition or Revie" on Certiorari
'
assai%s the *pri% '(, '(&( Decision
0
o the Court o *ppea%s
,C*- in C*-1.R. SP No. &(200( and its 3u%y '&, '(&( Reso%ution
)
denying reconsideration thereo.
4actua% *ntecedents
Respondent Edgar *. 5a%asta "as hired $y petitioner 4i%-Pride Shipping Company, Inc. ,4i%-Pride- or
its oreign principa%, petitioner Ocean Eag%e Ship 6anagement Company, PTE. .td. ,Ocean Eag%e-.
Respondent "as assigned as *$%e Seaman on$oard 678 Eag%e Pioneer. 9is Emp%oyment
Contract
:
states the o%%o"ing terms and conditions;
Duration o Contract ; T<E.8E 6ONT9S
Position ; *5.E SE*6*N
5asic 6onth%y Sa%ary ; =S>0+(.((
9ours o <or# ; )? 9RS7<EE@
Overtime ; 4I/ED =S>&:A.((
,CONT*INER *..O< =S>0+.((-
8acation %eave "ith pay ; =S>:'.((
Point o hire ; 6*NI.*7P9I.S
Respondent "as dec%ared it to "or# ater undergoing the mandatory Pre-Emp%oyment 6edica%
EBamination ,PE6E-. 9e commenced his duties as *$%e Seaman a$oard 678 Eag%e Pioneer on
4e$ruary '0, '((:. *mong respondentCs duties as *$%e Seaman are the o%%o"ing;
a. <atch standers and may $e reDuired to supervise day "or# o Eunior ratingF
$. Stands "atch at $o" or on "ing o $ridge to %oo# or o$structions in path o vesse%F
c. 6easures depth o "ater in sha%%o" or unami%iar "aters, using %ead %ine, and te%ephones
or shouts inormation to $ridgeF
d. Steers ship $y automatic7remote contro% or manua% contro% and7or uses emergency
steering apparatus to steer vesse% as directed $y navigating oicer, chie mate or the ship
captainF
e. 5rea#s out rigs, overhau%s and sto"s cargo hand%ing gears, stationary rigging, and running
gearsF
. Overhau%s %ie$oats, "inch and a%%sF
g. Paints and chips rust on dec# and superstructure o shipF
h. 6ay $e concerned on%y "ith one phase o duties such as;
&. 6aintenance o shipsC gears and dec#s or "atch dutiesF
'. 6ay $e #no"n as s#i%%ed dec#hand on various repairs and maintenance "or#s on
dec#F
0. Perorms other dec# "or#s as reDuired $y superior oicers.
A
Sometime in *ugust and Septem$er '((:, "hi%e a$oard 678 Eag%e Pioneer, respondent
eBperienced chest pains, atigue, and shortness o $reath. 9e "as eBamined $y a physician in
1angyou 9ospita% in TianEin, China, and "as diagnosed as having myocardia% ischemia and coronary
heart disease. 9e "as dec%ared unit or duty and "as recommended or repatriation.
2
Respondent "as thus repatriated on Septem$er &?, '((: and "as immediate%y reerred to the
company-designated physician, Dr. Nicomedes 1. CruG ,Dr. CruG-. 9e "as su$Eected to %a$oratory,
/-ray, 'D echo, and e%ectrocardiogram tests, as "e%% as ')-hour 9o%ter monitoring. In Dr. CruGCs
Septem$er &?, '((: medica% report,
?
respondent "as diagnosed "ith hypertension and myocardia%
ischemia.
Respondent "as urther eBamined $y Dr. CruG on Septem$er '&, '0 and 0(, '((:F Octo$er A, '((:F
4e$ruary ', &0 and &2, '((AF 6arch A and '(, '((AF and on *pri% &+, '((A.
+
4rom the 4e$ruary ',
'((A medica% report on"ard, it may $e seen that respondent "as diagnosed "ith severe 0-vesse%
coronary artery disease, and "as schedu%ed or coronary artery $ypass surgery on 4e$ruary '),
'((A.
On his o"n initiative, respondent under"ent coronary angiogram at the St. .u#eCs 6edica% Center
,St. .u#eCs- on Octo$er &), '((:. In a medica% report
&(
o even date signed $y St. .u#eCs Cardiac
CatheteriGation .a$oratory Interventiona% Cardio%ogist Paterno 4. DiGon, 3r., respondent "as
diagnosed "ith coronary artery atherosc%erosis and severe three-vesse% coronary artery disease.
On 4e$ruary &A, '((A, respondent consu%ted and "as eBamined $y an independent physician, Dr.
Eren R. 8ica%do ,Dr. 8ica%do-, "ho issued a medica% certiicate
&&
containing the o%%o"ing diagnosis;
4e$ruary &A, '((A
TO <9O6 IT 6*H CONCERN;
This is to certiy that, Edgar *. 5a%asta, )? years o age, o Imus, Cavite "as eBamined and treated
as outI-Jpatient7conined in this hospita% on7rom 4e$ruary &A, '((A "ith the o%%o"ing indings and7or
diagnosis7diagnoses;
9ypertensive cardiovascu%ar disease
Coronary artery disease, 0I-Jvesse% invo%vement
Sta$%e angina pectoris
Impediment 1rade & ,&'(K-
,signed-
E4REN R. 8IC*.DO, 6.D.
3=STI4IC*TION O4 I6PEDI6ENT 1R*DE & ,&'(K-
4OR SE*6*N ED1*R *. 5*.*ST*
This patient7seaman presented "ith a history o chest pain, easy atigue and shortness o $reath
noted IinJ *ugust '((: ater some strenuous activity "hi%e "or#ing on $oard ship. 9e "as seen in
consu%t in 6ain%and China "here he under"ent chest /ray and EC1. 9e "as diagnosed as IsicJ
coronary artery disease.
9e "as repatriated on Septem$er &?, '((: and "as admitted or & "ee# at 6ani%a 6edica% Center.
9e under"ent %a$oratory eBams "hich inc%uded Chest /ray, EC1, 'D echo and ') hour 9o%ter
monitoring. 9e conseDuent%y under"ent coronary angiography at St. .u#eCs 6edica% Center on
Octo$er &), '((: "hich revea%ed severe 0 vesse% disease invo%ving the proBima% .*D, irst diagona%
and proBima% and dista% .CB.
<hen seen at the c%inic, his $%ood pressure "as e%evated at &)(7+( mm9gF the rest o the PE
indings "ere unremar#a$%e.
9e is no" unit to resume "or# as seaman in any capacity.
9is i%%ness is considered "or# aggravated7re%ated.
9e reDuires maintenance medication to maintain norma% $%ood pressure and %o" cho%estero% to
prevent "orsening o his coronary artery disease and other cardiovascu%ar comp%ications such as
stro#e and rena% insuiciency.
9e reDuires immediate coronary artery $ypass grat surgery to a%%eviated ,sic- his symptom o angina
and prevent the occurrence o possi$%e acute myocardia% inarction.
9e has to modiy his %iesty%e to inc%ude %o" sa%t, %o" at diet, regu%ar eBercise and nicotine
a$stinence.
9e is not eBpected to %and a gainu% emp%oyment given his medica% $ac#ground.
Than# you.
,signed-
Eren R. 8ica%do, 6.D.
&'
Respondent i%ed a c%aim or permanent disa$i%ity $eneits "ith petitioners, $ut the %atter denied the
same.
On 4e$ruary &(, '((A, respondent i%ed against the petitioners a Comp%aint
&0
or the recovery o
disa$i%ity $eneits, i%%ness a%%o"ance, reim$ursement o medica% eBpenses, damages and attorneyCs
ees.
It appears rom the record that on 4e$ruary '), '((A, respondent under"ent coronary artery $ypass
grat surgery. 9e then continued his treatment "ith Dr. CruG, "ho or his part continued to diagnose
respondent "ith severe coronary artery disease.
In his Position Paper
&)
and Rep%y,
&:
respondent stated and argued that in the perormance o his
duties as *$%e Seaman, he inha%ed, "as eBposed to, and came into direct contact "ith various
inEurious and harmu% chemica%s, dust, umes7 emissions, and other irritant agentsF that he perormed
strenuous tas#s such as %iting, pu%%ing, pushing and7or moving eDuipment and materia%s on $oard
the shipF that he "as constant%y eBposed to varying temperatures o eBtreme hot and co%d as the
ship crossed ocean $oundariesF that he "as eBposed as "e%% to harsh "eather conditionsF that in
most instances, he "as reDuired to perorm overtime "or#F that the "or# o an *$%e Seaman is $oth
physica%%y and menta%%y stressu%F and that as a resu%t, he contracted his i%%ness "hich reDuired him to
undergo $ypass surgery. 9e added that despite $eing eBamined $y the company-designated
physician, he continued to suer episodes o severe chest pain, diicu%ty in $reathing and other
discomorts re%ated to his i%%nessF that his hea%th has not improved, and "as instead deteriorating,
"hich thus %ed him to consu%t an independent physician ,Dr. 8ica%do-F that Dr. 8ica%do dec%ared him
unit to "or# as seaman in any capacity and that his i%%ness "as "or#-re%atedF that despite the %apse
o more than siB months, the company-designated physician has ai%ed to ma#e a inding regarding
his condition, "hich thus entit%es him to permanent tota% disa$i%ity $eneitsF that his Eust c%aim or
disa$i%ity $eneits "as denied $y petitioners, "hich orced him to i%e the %a$or comp%aintF and that he
shou%d thus $e paid =S>A(,(((.(( disa$i%ity $eneits "ith interest, &'( days i%%ness a%%o"ance $ased
on his sa%ary o =S>0+(.(( or the amount o =S>&,:A(.(( "ith interest, P:((,(((.(( damages, and
attorneyCs ees o &(K o the recovera$%e amount.
Petitioners, on the other hand, stated and argued in their Position Paper
&A
and Rep%y
&2
that
respondent i%ed a %a$or comp%aint even $eore the company-designated physician, Dr. CruG, cou%d
comp%ete his eBamination and treatment o respondentCs condition, "hich thus prompted them to
deny his c%aim or disa$i%ity $eneitsF that the independent physician Dr. 8ica%do eBamined
respondent on%y once on 4e$ruary &A, '((A, and thus cou%d not have arrived at a competent
diagnosis o respondentCs conditionF that in the a$sence o a competent diagnosis and su$stantia%
evidence, respondentCs c%aim or $eneits cannot standF that respondentCs i%%ness is not "or#-re%ated,
and that his %iesty%e caused, or "as a contri$uting actor to, his i%%nessF that contrary to respondentCs
c%aim, the %atter has $een paid his i%%ness a%%o"ance in u%%F that respondentCs medica% eBpenses are
$eing shou%dered $y themF and that respondent is not entit%ed to damages and attorneyCs ees as a
resu%t o premature%y i%ing the %a$or case. Petitioners thus prayed that the %a$or case $e dismissed.
Ru%ing o the .a$or *r$iter
On *pri% 0(, '((2, a Decision
&?
"as rendered $y the .a$or *r$iter "hich decreed as o%%o"s;
<9ERE4ORE, Eudgment is here$y rendered ordering respondents to pay, Eoint%y and severa%%y, the
comp%ainant the o%%o"ing amountIsJ;
,&- =S>A(,(((.(( or its peso eDuiva%ent at the time o payment as disa$i%ity $eneitF and ,'-
=S>A,(((.(( or its peso eDuiva%ent at the time o payment as attorneyCs ees.
*%% other c%aims are Dismissed or %ac# o merit.
SO ORDERED.
&+
The .a$or *r$iter he%d essentia%%y that respondent contracted his i%%ness "hi%e serving out his
emp%oyment contract "ith petitionersF that his i%%ness "as "or#-re%ated7aggravatedF that "hi%e
respondent "as under the care o Dr. CruG rom Septem$er &?, '((: unti% *pri% &+, '((A, the %atter
cou%d have come up "ith a dec%aration o itness or disa$i%ity, yet he did notF that respondentCs i%%ness
rendered him unit or duty and reDuired $ypass surgery to treat the sameF and that respondentCs
condition constituted permanent tota% disa$i%ity as the same is eDuiva%ent to Impediment 1rade &
,&'(K- as assessed $y Dr. 8ica%do, "hich thus entit%es respondent to the maBimum disa$i%ity
compensation o =S>A(,(((.((. 4or %ac# o $asis, ho"ever, respondentCs c%aim or damages and
reim$ursement o medica% eBpenses "as denied.
Ru%ing o the Nationa% .a$or Re%ations Commission
Petitioners appea%ed to the Nationa% .a$or Re%ations Commission ,N.RC-.
On Septem$er '', '((?, the N.RC rendered its Decision
'(
granting petitionersC appea% and reversing
the .a$or *r$iterCs *pri% 0(, '((2 Decision, thus;
<9ERE4ORE, the appea% is 1R*NTED. The .a$or *r$iterCs Decision dated *pri% 0(, '((2 is here$y
SET *SIDE.
SO ORDERED.
'&
Respondent moved or reconsideration, $ut in a Novem$er '2, '((? Reso%ution,
''
the motion "as
denied.
In reversing the .a$or *r$iter, the N.RC dec%ared that respondentCs i%%ness L
atherosc%erosis7coronary artery disease L "as not "or#-connected. Thus, it he%d;
6edica% studies sho" that atherosc%erosis is a disease aecting arteria% $%ood vesse%s. It is
common%y reerred to as a MhardeningM or MurringM o the arteries. It is caused $y the ormation o
mu%tip%e p%aDues "ithin the arteries. It deve%ops rom %o"-density %ipoprotein cho%estero% ,.D.-,
co%%oDuia%%y ca%%ed M$ad cho%estero%M. It typica%%y $egins in ear%y ado%escence and is usua%%y ound in
most maEor arteries, yet is asymptomatic and not detected $y most diagnostic methods during %ie.
Some ris# actors or atherosc%erosis are; advanced age, having dia$etes or impaired g%ucose
to%erance, dys%iporproteinemia or unhea%thy patterns o serum proteins carrying ats and cho%estero%,
ma%e seB, to$acco smo#ing, having high $%ood pressure, $eing o$ese, a sedentary %iesty%e, having
c%ose re%atives "ho have had some comp%icationIsJ o atherosc%erosis, e%evated serum %eve% o
trig%ycerides, e%evated serum insu%in %eve%s, stress or symptoms o c%inica% depression and
hyperthyroidism B B B.
'0
Ru%ing o the Court o *ppea%s
In a Petition or Certiorari i%ed "ith the C*, respondent sought a reversa% o the N.RC Decision,
arguing that the %atter committed grave a$use o discretion and gross error in dec%aring that his
i%%ness "as not "or#-re%ated and in su$seDuent%y denying his c%aims.
On *pri% '(, '(&(, the C* issued the assai%ed Decision containing the o%%o"ing decreta% portion;
<9ERE4ORE, the instant petition is 1R*NTED. The assai%ed Decision dated Septem$er '', '((?
and Reso%ution dated Novem$er '2, '((? o pu$%ic respondent Nationa% .a$or Re%ations
Commission ,MN.RCM-, Third Division, in N.RC .*C NO. O4< ,6- (?-((((?A-(2, are RE8ERSED
and SET *SIDE or having $een issued "ith grave a$use o discretion amounting to %ac# or eBcess
o Eurisdiction. The decision dated *pri% 0(, '((2 o .a$or *r$iter Donato 1. Nuinto, 3r. in N.RC-
NCR-O4< (A-('-((:)0-(( is here$y REINST*TED.
SO ORDERED.
')
The C* he%d that respondent suered permanent disa$i%ity as a resu%t o Dr. CruGCs ai%ure to ma#e a
deinite assessment o his condition "ithin the statutory &'(-day period prescri$ed under the %a$or
%a"s,
':
or rom Septem$er &?, '((: L date o repatriation L up to *pri% &+, '((A, or date o %ast
medica% intervention, or a tota% o '&0 days. The C* he%d urther that as ear%y as Septem$er '((:,
respondent "as dec%ared unit or duty $y a company-designated physician in TianEin, China, and
%ater on, ater tests "ere conducted, respondent "as diagnosed "ith coronary artery atherosc%erosis
and severe three-vesse% coronary artery diseaseF thus, respondent suered a serious occupationa%
disease that prevented his urther dep%oyment as seaman.
The C* added that respondentCs i%%ness "as "or#-re%ated, and can $e attri$uted to the conditions he
"as "or#ing under as a$%e seamanF he "as eBposed and su$Eected to stress and pressures at "or#
"hich, ater siB months, resu%ted in his eBperiencing chest pain, atigue and diicu%ty in $reathing L
and eventua%%y, a diagnosis o coronary heart disease.
The C* noted urther that even during the pendency o the %a$or case $eore the .a$or *r$iter, Dr.
CruG did not render a ina% assessment o respondentCs conditionF as a resu%t, the diagnosis o the
company-designated physician in 1angyou 9ospita% in TianEin, China that respondent "as unit or
duty has not $een overturned. Thus, the C* conc%uded that since Dr. CruG ai%ed to ma#e a deinite
assessment o respondentCs itness or disa$i%ity "ithin the statutory ')(-day period L and even
thereater, there can $e no other conc%usion than that respondent suered permanent tota% disa$i%ity.
Petitioners i%ed a 6otion or Reconsideration,
'A
$ut the C* denied the same in its 3u%y '&, '(&(
Reso%ution. 9ence, the present Petition.
Issues
Petitioners su$mit that L
T9E DECISION O4 T9E N*TION*. .*5OR RE.*TIONS CO66ISSION ,T9IRD DI8ISION-
ORDERIN1 T9E DIS6ISS*. O4 T9E *5O8E-C*PTIONED .*5OR CO6P.*INT 4INDS *6P.E
S=PPORT IN T9E E8IDENCE ON RECORD, IN 6EDIC*. RESE*RC9, IN T9E PERTINENT
PRO8ISIONS O4 T9E POE* ST*ND*RD CONTR*CT, *ND IN *PP.IC*5.E 3=RISPR=DENCE.
T9E 9ONOR*5.E CO=RT O4 *PPE*.S, IN ITS N=ESTIONED DECISION PRO6=.1*TED ON
'( *PRI. '(&( *ND RESO.=TION PRO6=.1*TED ON '& 3=.H '(&(, 1R*8E.H ERRS IsicJ
<9EN IT E.ECTED TO SET *SIDE *ND7OR CO6P.ETE.H I1NORE S=C9 4*CT=*. *ND
.E1*. 4INDIN1S ON T9E P*RT O4 T9E N*TION*. .*5OR RE.*TIONS CO66ISSION ,T9IRD
DI8ISION- *ND <9EN IT T9ERE*4TER R=.ED TO RE8ERSE *ND TO SET *SIDE T9E
DECISION O4 T9E N*TION*. .*5OR RE.*TIONS CO66ISSION ,T9IRD DI8ISION-
ORDERIN1 T9E DIS6ISS*. O4 T9E *5O8E-C*PTIONED .*5OR CO6P.*INT 4OR .*C@ O4
6ERIT.
'2
PetitionersC *rguments
Praying that the assai%ed C* dispositions $e set aside and that a pronouncement $e made
dismissing respondentCs %a$or comp%aint, petitioners maintain in their Petition and Rep%y
'?
that
contrary to the C*Cs dec%arations, respondentCs i%%ness is not "or#-re%atedF that respondentCs %a$or
comp%aint "as premature%y i%ed, "hi%e he "as sti%% undergoing treatment or his i%%ness and $eore
the company-designated physician7s cou%d comp%ete treatment and ma#e a deinite assessment o
his conditionF that they may not $e $%amed or the company-designated physicianCs ai%ure to arrive
at a ina% assessment o respondentCs conditionF that it has not $een sho"n that respondentCs
treatment %asted or the statutory duration o ')( days, since he i%ed his %a$or comp%aint even $eore
the said maBimum ')(-day treatment period cou%d $e reached and a deinite assessment o his
condition cou%d $e madeF and that overa%%, respondent has not sho"n $y su$stantia% evidence that he
is entit%ed to his c%aims.
RespondentCs *rguments
In his Comment,
'+
respondent argues that the issues raised in the Petition are actua% in nature and
no Duestion o %a" is invo%vedF that his i%%ness is compensa$%e as it is "or#-connected and constitutes
an occupationa% disease under the POE* Contract Standard Terms and Conditions 1overning the
Emp%oyment o 4i%ipino Seaarers on 5oard Ocean-1oing 8esse%sF that Dr. CruG a%ready #ne" o the
gravity and serious nature o his condition, yet he reused to ma#e the reDuired deinite assessment
o his itness or disa$i%ityF and that the a"ard o attorneyCs ees "as proper.
Our Ru%ing
The Court denies the Petition.
Compensa$i%ity
Regarding the issue o compensa$i%ity, it has $een the CourtCs consistent ru%ing that in disa$i%ity
compensation, Mit is not the inEury "hich is compensated, $ut rather it is the incapacity to "or#
resu%ting in the impairment o oneCs earning capacity.M
0(
6oreover, Mthe %ist o i%%nesses7diseases in
Section 0'-*
0&
does not prec%ude other i%%nesses7diseases not so %isted rom $eing compensa$%e. The
POE*-SEC cannot $e presumed to contain a%% the possi$%e inEuries that render a seaarer unit or
urther sea duties.M
0'
3ust the same, in severa% cases, cardiovascu%ar disease, coronary artery disease, as "e%% as other
heart ai%ments "ere he%d to $e compensa$%e.
00
.i#e"ise, petitioners ai%ed to reute respondentCs
a%%egations in his Position Paper that in the perormance o his duties as *$%e Seaman, he inha%ed,
"as eBposed to, and came into direct contact "ith various inEurious and harmu% chemica%s, dust,
umes7emissions, and other irritant agentsF that he perormed strenuous tas#s such as %iting, pu%%ing,
pushing and7or moving eDuipment and materia%s on $oard the shipF
that he "as constant%y eBposed to varying temperatures o eBtreme hot and co%d as the ship crossed
ocean $oundariesF that he "as eBposed as "e%% to harsh "eather conditionsF that in most instances,
he "as reDuired to perorm overtime "or#F and that the "or# o an *$%e Seaman is $oth physica%%y
and menta%%y stressu%. It does not reDuire much imagination to rea%iGe or conc%ude that these tas#s
cou%d very "e%% cause the i%%ness that respondent, then a%ready )2 years o%d, suered rom siB
months into his emp%oyment contract "ith petitioners. The o%%o"ing pronouncement in a recent case
very "e%% app%ies to respondent;
B B B 9is constant eBposure to haGards such as chemica%s and the varying temperature, %i#e the heat
in the #itchen o the vesse% and the co%dness outside, coup%ed $y stressu% tas#s in his emp%oyment
caused, or at %east aggravated, his i%%ness. It is a%ready recogniGed that any #ind o "or# or %a$or
produces stress and strain norma%%y resu%ting in "ear and tear o the human $ody.
0)
Nota$%y, it is Ma matter o Eudicia% notice that an overseas "or#er, having to "ard o homesic#ness $y
reason o $eing physica%%y separated rom his ami%y or the entire duration o his contract, $ears a
great degree o emotiona% strain "hi%e ma#ing an eort to perorm his "or# "e%%. The strain is even
greater in the case o a seaman "ho is constant%y su$Eected to the peri%s o the sea "hi%e at "or#
a$road and a"ay rom his ami%y.M
0:
*ssessment $y company-designated physician
The company-designated physician must arrive at a deinite assessment o the seaarerCs itness to
"or# or permanent disa$i%ity "ithin the period o &'( or ')( days, pursuant to *rtic%e &+' ,c-,&- o the
.a$or Code and Ru%e /, Section ' o the *REC.
0A
I he ai%s to do so and the seaarerCs medica%
condition remains unreso%ved, the %atter sha%% $e deemed tota%%y and permanent%y disa$%ed.
Respondent "as repatriated on Septem$er &?, '((:. 9e "as urther eBamined $y the company-
designated physician Dr. CruG on Septem$er '&, '0 and 0(, '((:F Octo$er A, '((:F 4e$ruary ', &0
and &2, '((AF 6arch A and '(, '((AF and on *pri% &+, '((A. *nd $eginning rom the 4e$ruary ',
'((A medica% report, respondent "as diagnosed $y Dr. CruG "ith severe 0-vesse% coronary artery
disease, and "as schedu%ed or coronary artery $ypass surgery on 4e$ruary '), '((A. *ter surgery,
respondent continued his treatment "ith Dr. CruG, "ho on the other hand continued to diagnose
respondent "ith severe coronary artery disease even on respondentCs %ast consu%tation on *pri% &+,
'((A.
Conceded%y, the period Septem$er &?, '((: to *pri% &+, '((A is %ess than the statutory ')(-day L or
?-month L period. Nonethe%ess, it is impossi$%e to eBpect that $y 6ay &+, '((A, or on the %ast day o
the statutory ')(-day period, respondent "ou%d $e dec%ared it to "or# "hen Eust recent%y L or on
4e$ruary '), '((A L he under"ent coronary artery $ypass grat surgeryF $y then, respondent "ou%d
not have suicient%y recovered. In other "ords, it $ecame evident as ear%y as *pri% &+, '((A that
respondent "as permanent%y and tota%%y disa$%ed, unit to return to "or# as seaarer and earn
thererom, given his de%icate post-operative conditionF a deinitive assessment $y Dr. CruG $eore
6ay &+, '((A "as unnecessary. Respondent "ou%d to a%% intents and purposes sti%% $e unit or sea-
duty. Even then, "ith Dr. CruGCs ai%ure to issue a deinite assessment o respondentCs condition on
6ay &+, '((A, or the %ast day o the statutory ')(-day period, respondent "as thus deemed tota%%y
and permanent%y disa$%ed pursuant to *rtic%e &+' ,c-,&- o the .a$or Code and Ru%e /, Section ' o
the *REC.
Premature %a$or comp%aint
Neither may it $e argued $y the petitioners that respondentCs i%ing o the %a$or comp%aint on
4e$ruary &(, '((A shou%d aect the outcome o the case. It is diicu%t to $%ame respondent or
deciding to sue, considering that he has $een diagnosed $y no %ess than three separate physicians L
Drs. DiGon, 8ica%do, and CruG L "ith severe three-vesse% coronary artery disease "hich reDuired
$ypass procedure. Respondent may have $een acting under a sense o eBtreme urgency given the
%ie-threatening nature o his i%%ness. The i%ing o the %a$or comp%aint may have $een designed to
pressure petitioners into ta#ing action to address his condition, or to recover eBpenses shou%d he
decide to proceed "ith the $ypass procedure on his o"n. Either "ay, the Court cannot su$scri$e to
the vie" that there "as a premature resort to %itigation since respondent "as sti%% undergoing
treatment or his i%%ness and the company-designated physician has not comp%eted treatment and
made a deinite assessment o his condition.
Indeed, it may even $e said that "ith Dr. CruGCs 4e$ruary ', '((A diagnosis that respondent "as
suering rom severe three-vesse% coronary artery disease "hich reDuired immediate $ypass grat
procedure or surgery, respondent $e%ieved himse% permanent%y and tota%%y disa$%ed "hich thus %ed
him to demand disa$i%ity $eneits and thereater i%e the %a$or case "hen petitioners ignored his
demand.1wphi1
*ttorney!s ees
On the issue o attorney!s ees, "hi%e petitioners have not $een sho"n to act in gross and evident
$ad aith in reusing to satisy respondent!s demands, it is nonethe%ess true as a matter o %a" and it
has $een he%d in the past that "here an emp%oyee is orced to %itigate and incur eBpenses to protect
his right and interest, he is entit%ed to an a"ard o attorney!s ees eDuiva%ent to ten percent ,&(K- o
the tota% a"ard at the time o actua% payment.
02
<9ERE4ORE, the Petition is DENIED. The assai%ed *pri% '(, '(&( Decision and 3u%y '&, '(&(
Reso%ution o the Court o *ppea%s in C*-1.R. SP No. &(200( are *44IR6ED in toto.
SO ORDERED.
MARIANO C. DEL CASILLO
*ssociate 3ustice
<E CONC=R;
ANONIO . CARPIO
*ssociate 3ustice
Chairperson
AR$RO D. #RION
*ssociate 3ustice
%OSE POR$GAL PERE&
*ssociate 3ustice
ESELA M. PERLAS-#ERNA#E
*ssociate 3ustice
C E R T I 4 I C * T I O N
Pursuant to Section &0, *rtic%e 8III o the Constitution, I certiy that the conc%usions in the a$ove
Decision had $een reached in consu%tation $eore the case "as assigned to the "riter o the opinion
o the Court!s Division.
ANONIO . CARPIO
*cting Chie 3ustice