CASE DIGEST
Junio v. Pacific Ocean
Manning, Inc.
G.R. No. 220657
(Resolution), [March 16, 2022]
THIRD, LOPEZ, M.
Collective Bargaining Agreement; Permanent Total Disability Benefits; Damages
The court reaffirms the reciprocal obligations outlined in Section 20(A) of the 2010 POEA-SEC, emphasizing that while the seafarer must submit to a post-employment medical examination within three working days of repatriation, the employer is duty-bound to conduct a meaningful and timely examination of the seafarer. Failure to fulfill these obligations, particularly the employer's refusal to refer the seafarer to a company-designated physician, may result in the seafarer's entitlement to total disability benefits being upheld by law, even in the absence of a formal assessment by the company-designated physician.
Celestino had been employed by Pacific Ocean Manning, Inc. (Pacific Manning) for 16 years when he entered into a nine-month employment contract with Pacific Manning on behalf of its foreign principal, Mega Chemical Tanker (Mega Tanker), to serve as a Fitter onboard MCT Monte Rosa. Before deployment, Celestino underwent a pre-medical employment examination and boarded the vessel on January 30, 2011. On June 15, 2011, while performing maintenance, Celestino sustained an eye injury when a hose detached and hit his left eye. He reported the incident, but his request for a medical examination was denied as the vessel was departing. On September 11, 2011, Celestino collapsed while working and was referred to an offshore physician, Dr. Daniel Jenkins III. Celestino underwent medical tests, which revealed several health issues, including a partial tear in his posterior retina. He was repatriated on September 21, 2011, and sought medical treatment upon his return. Despite his requests, Celestino was not referred to a company-designated physician by Pacific Manning. He filed a complaint on February 10, 2012, seeking disability benefits and damages.
Whether Celestino is entitled to permanent total disability benefits, sickness allowance, damages, and attorney's fees.
YES. The Court found in favor of Celestino. It
determined that Celestino's repatriation was due to medical reasons and not the
completion of his contract. Celestino complied with the three-day mandatory
reporting requirement by reporting to Pacific Manning within two days of
repatriation. Despite this, Pacific Manning failed to refer Celestino to a
company-designated physician. The Court concluded that Celestino's medical
condition was work-related and compensable. Since no valid post-employment
medical examination was conducted, Celestino's disability was deemed total and
permanent by operation of law. Consequently, the Court reinstated the decision
awarding permanent total disability benefits, sickness allowance, and
attorney's fees in favor of Celestino.
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