Blue Manila, Inc. v. Jamias, G.R. Nos. 230919 & 230932, [January 20, 2021]

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Blue Manila, Inc. v. Jamias

 G.R. Nos. 230919 & 230932, [January 20, 2021]

SECOND, LOPEZ, M.

 

Termination; Seafarer's Illness; Compensable medical repatriation; Three-day mandatory reporting requirement 

The employer's obligation under Section 20(A) of the POEA-SEC encompasses any illness complained of or diagnosed during the mandatory Post-Employment Medical Examination (PEME), even if it was not the immediate cause of repatriation. 

 

Petitioners Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. are the former and present manning agents of Wagenborg Crewmanagement BV (Wagenborg), owner of the vessel M/V Kwintebank. Seafarer Antonio R. Jamias worked for petitioners since 1998 and was rehired as Cook AB by Blue Manila in February 2011 under a 6-month contract covered by the Collective Bargaining Agreement (CBA) between Associated Marine Officers' and Seamen's Union of the Philippines and Wagenborg. Jamias alleged that while performing his duties on board the vessel in August 2011, he experienced abdominal and lower back pain, which eventually led to his medical repatriation and diagnosis of constipation, umbilical hernia, and degenerative disc disease. Jamias filed a claim for disability benefits. 

 

Whether the back ailment suffered by seafarer Antonio R. Jamias is compensable. 

YES. The Court held that the back ailment is compensable under the POEA-SEC. It emphasized that the mandatory post-employment medical examination (PEME) is not limited to the cause of repatriation and found that Jamias' lower back pain was neglected by the company-designated physician. The Court asserted that the employer's obligation under Section 20(A) of the POEA-SEC encompasses any illness discovered during the mandatory PEME, even if it was not the immediate cause of repatriation. It was found that while Jamias was medically repatriated due to umbilical hernia, the company-designated physician failed to address his lower back pain despite ordering an MRI of the lumbosacral spine shortly after his repatriation. The physician even issued a fit-to-work certification without a definite medical assessment. Therefore, the employer is liable for such illnesses under Section 20(A) of the POEA-SEC. 

Furthermore, the Court determined that Jamias' back ailment, specifically his degenerative disc disease, is listed as an occupational disease under Section 32-A (21) of the 2010 POEA-SEC, as it was caused by his duties involving constant strenuous use of his lower spine. The failure of the company-designated physician to provide a complete and definite medical assessment for Jamias' back ailment led the Court to consider it as permanent and total disability, entitling Jamias to full disability benefits under the CBA.

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