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  • Screenshot - 2019!07!22 Labor Law - Melchor Deocariza V Fleet Management Services Philippines, Inc, G R No 229955, July 23, (... )

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    Screenshot_2019!07!22 Labor Law - Melchor Deocariza v Fleet Management Services Philippines, Inc , G R No 229955 , July 23,[...]

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    Screenshot_2019!07!22 Labor Law - Melchor Deocariza v Fleet Management Services Philippines, Inc , G R No 229955 , July 23,[...]

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    5 views1 page

    Screenshot - 2019!07!22 Labor Law - Melchor Deocariza V Fleet Management Services Philippines, Inc, G R No 229955, July 23, (... )

    Uploaded by

    Anne Macaraig
    Screenshot_2019!07!22 Labor Law - Melchor Deocariza v Fleet Management Services Philippines, Inc , G R No 229955 , July 23,[...]

    Copyright:

    © All Rights Reserved
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    GR No. 229955 -July 23, 2018 MELCHOR BARCENAS DEOCARIZA, Perioner v FLEET MANAGEMENT SERVICES PHILIPPINES, INC, MODERN ASIA SHIPPING CORPORATION, AB.F. GAVIOLA JR. AND MA CORAZON CRUZ, Resconcents PERLAS-BERNABE, J FACTS: Pettioner was inialy hired in 2010 ax Chief Officer by Fest Management Services Philpaines, Inc, far ana in behalf ofits principal, Mactern Asia Shipping Corporation (cllecively, esponcents) on board the vessel, MV. Morning Corina, In tne course of his employment, or on Decernber3, 2011, pettoner complained cf truises on both thighs, rashes on his neck elayes healing of ebrasion wiouns on his left forearm fever. sore throat, and loss of appette. on December 12, 2011. he was brought tothe Seecare Maritime Mecical Cerner Pte. Leo. (Seacare Maritime) in Singapore, where he was noted to have “decreases hemoglobin, total white cel count and platelet court on complete tlood count" for which reason he was Cediareo a "high-risk patient wth mechanical heart valves. joner was thereafter fines at the Parkway Eact Hosoi’: Intencive Care Unt. He was mecically repatriated on December 26, 2017 ana was, consequently, referred to a compary-cesignatea prysican at tre Metropolten Mecical Center (MMC) who diagnoses nim to be suffering from “Aplastic Anemia.” (On Sepcamper 10, 2012, she compary-csignatea prycician informao racpondents that after pattioner was s2en an August 28, 2012, the lacter na longer ‘epoearea at his neve schedules follow-up sacsian cn September 3, 2012. Mearwile, claiming thet his illness renderec rim ineapactated to resume nork es a seafarer for more than 240 days, petitioner filed @ complaint against respondents, together with their President. respondent &8F. Gavia, and Treasurer/Director/Finance Manager, ressoncent Ma, Corazon D Crus. for the payment of total ena permanent cisobiity benefts in accorcance with the Colective Bargnining Agreement, Respondents counteree that petitoner was disqualified from claiming ately Genefits as the latter knowingly concesled end falea to cieclose curing hic PEME that he hac “mechnicsl neert valves" or artificial heart valves that rendered him 8 “higt-nsk" Worker, a vital information trat woula have been concivered in hiring nim, Furnter, respondents aver mat ine cause of his illnecs wae not viorcrelateo, claiming inat wnlle tne cars leaoea in ne vessel containes gasoline wnicn is ‘aio to rave benzene elements, tne cars’ engines were nonetheless alvays "OFF during the voyage eng turnea "ON" only curing tne loaaing ana Unloaaing of tne veniclas in the vescet 2s cuch, petitioner coule not have accumuletes parzene elements in ns Ocay gen thatthe vessel wes equipped wan many oig exraus: fans tat crive away tne conic fumes. ‘The Labor Arciter (LA) dismissed the complaint for failure of petticner to establish thet hisillness mes work-related. The LA ruled the it wes improbable {or petitioner tobe poisoned by benzere, consideringthat he cars! engines were turnée cn during loacing and unloading only and that such shart period of excosure could not have immediately caused petitioners illness, acding too that petitioner wes provides with sofety gzersto prevent infusion cof benzene into his body ‘Aggyieved, pettioner appeclec to the NLRC. The NLRC agreed wich the findings of tre LA that petitioner wos not ebie to cischarge the burden of proving, that his nomistes iliness was work-related, and that the same occurrec curing the term of his employment. likewise pointed out that pettioner fraudulently concesled his arifcial heart that Gisqualiies him from claiming dcabilty benefits ‘The matter wes elevated to the CA via a Petition for Certiorar. The CA found no grave abuse of ciccreton on the part of tre NLRC in suctainingthe finsing extoner is not entities to cicaclty benefics ac the letter fale to prove by custantial evidence mnac és ilnece was work-relsteo, ana inst ne «ecquirea the came auringtne term of his last employment contrac that ISSUE: Whether or not the CA correctly nel chat petitioner ic noc entias to total ana permanent cisabily benefits? HELD: ruling of the Cour: of Appeals is reversed LABOR LAW: work:related injury or permanent disability benefits beies 1 trat the entitlement of a seafarer on oversees employment to dicabilty beneéis is governed by law, by tne partes’ contracts, ana by ie ‘medical ndings. By law, the relevant statutory provsione are Articles 197 10 19953 of the Labor Coce in relation to Section 2a), Rule X ofthe Amenoee Rules on Employee Compensation, By contrecy, the material contrects ere the POEA-SEC, which i ceemee incarporetee in every seafarers employment contract ano considered to be tne minimum requirements acceptable co the government, the partes’ Colactive Bergaining Agreement. if any, ana the employment agreemenc between te seafarer anc employer. In holding thar pettioner vas nat entileo to cisabilty benefits, the appellate court subscribes to the NLRC‘ finding of concealment The Cour, however, finds the foregoing conclusion anchors POEA-SEC speaks of an instance where an empioyer is absolves from lablty wnen a sesfarer suffers a work-relsted injury or illness on account of the latter's wilful concealment or misrepresentation ofa pre-existing concition or illness. Thus, the burden is on the employer to prove such concealment of «2 pre-existing itness or concition on the cart of the seeferer to be diachargea from any liabilt In this rezero, anil ‘exsung f pror to the processing of tne POEA contract, any of the folowing corattons is present, namely (a)the so was given for such continuing ness oF conciticn’ or [b) tre seafarer hac been clsgncsed anc has knowlecge of such ilness or condition but felled to

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