GR No.220192 July 23, 2018 MAGSAVSAY MOL MARINE,INC. AND/OR MOL SHIP MANAGEMENT (SINGAPORE) PTE. LTD,, Peciioners v MICHAEL PADERES ATRAJE, Pesponcnt LEONEN, J FACTS: (On February 11, 2014, Atraje entered into @ Contract of EmplaymentS with Mol Ship through its local manning agent. Megsoysay Mol to work on board the vessel Cernation Ace ac Secone Cook Atraje boarcee the vescel on February 28,2014. (On Maren 4, 2014, st aroun neantime, Arajesippes anc fel wre noicing a casserole containing water anc slices vegetables. His neac nitthe stainless disposer anc the Foor. He had seizure anc los his concciousness for about five (5) hours. The inedent was witnessed by the messman who was vith im acthactime “The vescelreecnea Singapore on March 8, 2014, ne was brought ca Singapore Generel Hospital where ne underwene brain magnetic resonance imaging (QR), elecrroencephalogram (EEG), and orain computed tomography (CT) scan. He was ciagnosad to have suffered Epileptic Seizure witn post neurological cece. He was Geciareo unfit to wark and recommended to Ge repatriated. ‘Aroje arrived inthe Philippines on Merch 12, 2014, and was referred to Shipheatth, inc. (hiphealth) He wes noted to have lesided hemiparesis. He underwent renear orain CT scan, lectracerciograpty (ECG), FEG, and brain MR] whicn showea normal results. He was acvised co uncergo physical ‘nerapy for motor function ana muscle strengtn imarovements. He also ungemwert cervical sine MRI crowing milo aesiccation impression of mila cervical seondyiosis with mul-leve cic dizease, (On April 25, 2014, Shipheakn issued o medical report stating thas the Neurologist service's reassessment wos singe sezure ep'soge. There was no incication for Atraje to uncergo furtner diagnostic or treavment intervention neurology-nise. Hence, Aaja was oiccharged from Neurology service, ‘tnougn referral to Ortropecic Spine Surgery was recommenaee. ‘Araje continued to suffer From shoulder and neck pain, ana had aificuly in using he upper extremities. He cornplaines of tenaerness on tre poracervcal area ane wes not restored to his preinjury heath status. He consulted an independent specialist, Dr Manuel Ficel M. Mognira (Dr. Mastiral who issued on une 19, 2014 e Macical Report, whicnstateo mnet Atraje wes "permanently unft in any capacity co recume his sea outes as a seaman, (On une 25, 2014 or 105 days from aisembarkation Sricheait issvea an interim Disabiity Gracing or Grace 10. Arrsje was referredto Vela Mecical Center, Inc [Ygeis Mesicsl Center for secone opinion Dr. Lourdes A Quetulio (Dr Quetulio) the Medical Director of ezio 134, L45, SSI with Sponayiosis enc Raciculopathy, Bleteral Cervcel Radiculopathy C5-C6 wits cegensrative chenges, ans Carzel Tunnel Syndrome jecical Center stated thet Arraje's illnesses, nomeyy, "Herniated Nucleus Pulposus Le; Moserate, are not werk-relates, ‘Areje cought paymers of dcablity benef ts from Magsaysay Mol and Mol Sng, invoking Article 28 ofthe Collective Bergaining Agreement besneen All Jopan Seemen's Union/Associated Marine Officers’ and Seamen's Union ofthe Philippines, and Mol Ship, renreserres by Magsaysay Mol. Acraje he fled » Complaint against Magsaysay Mol ard Mel Ship for payment of total and permanent ily bereft, “The parties convenes with a Voluntary Arbitration Panel, The Panel awarced cisebilty benefits to Arta. Fnaing that ris injures were wocereleted itheld ‘hat there was suficient evidence to establish that ne indeed sufferes a fall while on coard tre shi, which caused injury to hisneck area anc ris writ. However, preexistence of epleptc seizure has not been proven Iefucther noted thet while Atraje initiates submitting sa examination ty @ Hence, itnete inet Atraje coule noc be faucea anymore iftne appcinement of thir prysicien was oeemee maivaa in this case rd doctor, there wis silence on the pert of Magsaysay Mal and Mo! Ship, ‘Magzayzay Mol ana Mol Snips suosequent Moon for Reconsiseration was ceriec. A subsequent appeal to the Court of Appeals was also denied. The CA affirmed the decision of the Pane! of Voluntary Atitrators' ceasion Mageayzey ol enc Mol Ship ec trex Petition for Review on Certorari before the SC ISSUE: Vhetner or not he Cour af Apes ead in effrming tne enard of permanent and total eizabiliy benefits in favor of eeponcent? HELD: ruingof ee Court of dope ic area LABOR LAW: work-related ness for claiming permanent disability Benefits Petitioners insist thet responcert’iesses are not workrelcee. They anchor their position on Dr. Quetulo's declaration in her October2, 2014 letter thee without any pact medical resus or examinations, it wes difficult to trace the ceuses of the Zlnesces, trereby conclusing that they were nt work roatea, Hoviever, the same etter relied ugon by petit ristory of trauma or corrying ofheavy objects. Carcel Tunnel Syndrome is considered work-relates if there is history of reperitwe movement of the involves weie/nans 1615 Ikewse acknowleoges that "Herniated Nucleus Pulposuc is consigereo work-related ithe Shioheath’s report alo ceclarea that a“lignt rauma to cne nach may cause syrnpiome which may oualfy respondent: injuries es work-aggravstee. tenes been estebishec that tnere was history of trauma st work involving responcent while on board the vessel. The Panel of Voluntary Aroitators hela ‘thot sUbstantial evidence exists showing ther respondent indeed sufferec'a fall while on board the ship, which caused injury to hs neck erea and his “The facts of ne case furtner show that responcenc wes never issues ary mesical azseserent or progress report by the company-cesignates physicians, rom his inal check up on March 13, 2014 unti hs lact conaukation on October 2, 20'4, spanning. total of 204 cayc. Nether the interim dicsblity ating ssued on June 25, 2014 nor Dr. Quetulo's leter dated October 2, 2014 was given to respondent. In act respondent ceme to know about the reports only afer his Complaint h Cconclusivaly presumes to oe parmanent ana toca. been file with the National Conciliation anc Maciation Board By gel contemplation Atraj's cicebiities ere Uncer the Philippine Overseas Employment Administration Stancar Employment Contract (POEA-SEC), rs the erimary resporsiailty ofthe comeany: designeted doctor to determine te dsabilty grading or ftness to work of seaferers. (OSG Shio Management Meni. inc. v. Monje. GR No 214059, Ocraber 11,2017) Furtnecmore, while the escessment of tne cormpany-cesignates physician ws @ vi tne scheoule of cicabltes under ine POEA-SECic the basis for compensabilty ofa seafarers isablty, tis sil subject to tre periods presenbed in the lan. (Carcedo v Maine Marine Pniippines, inc, 758 Phi 165 2015) Here the compenydesigneted physicians clearly breached their duty to provide definite assessment of resporcient’s condition, While the reco that reporcs mere regular issues to Update responcert’s mecicel conation, the particular weatmen: adminicteres, ane tne mecicines prescrived 10 rim, ey were correspondences between the comeany-designates physicians and petitoners only. There was no ind cation hat responcent was furnished these reports show Sigrficarly, the interim ciseblity rating of Grace 10 issued on June 25, 2014, or 105 cays from respondent's repatriation, was never given to respondent. ‘Alco, as an intern cisely grace, it cose not fully access recponcent’s conltion ane cannot provioe cufficlent bas inns favor, for tne avera of daslity benefice Respanaentsinablty to perform his customary sea duties, coupled wich the company-designeted physicians’ aboication oftheir primary cutyt0 declare: bis fi sor unfsness to work within 1 prescribed paring, transforms his cisebilty t= permanent and total by operation aflaw (Tamin v Magsaysay Maricime Corp, GR. No. 220608, August 31, 2016) Petition is DENIED.