G.R. No.

209302
9 July 2014
Alone Amar P. Tagle vs. Anglo-Eastern Crew Management Phils., Inc., Anglo-Eastern Crew
Management (Asia) and Capt. Gregorio B. Sialsa
Mendoza, J.

Facts:

Tagle was hired by Anglo-Eastern Crew Management, Phils., Inc. for Anglo-Eastern Crew
Management and was assigned to work on board the vessel NV AI Isha’a as a 3 rd Engineer. Two
days after boarding the vessel, he was found unconscious inside the engine room and was
admitted to the Taj Mahal Medical Complex, Ltd., Hamhard University Hospital where he was
diagnosed to be suffering from cervical spondylosis and heat exhaustion. He was then
repatriated.

A day after his return to the country, he was admitted at the Metropolitan Medical Center and
was diagnosed to be suffering from cervical and lumbar spondylosis. He was prescribed several
medications and advised to continue his rehabilitation. Later on, the company-designated
physician conducted a repeat EMG-NCV study and found that he was suffering from L5
riduculopathy. He continued the rehabilitation and the company-designated physician
suggested the disability grading to be Grade 12 (neck) – slight stiffness of the neck and Grade
11 (chest-trunk-spine) – slight rigidity or 1/3 loss of motion or lifting power of the trunk.

Afterwards, Tagle again complained of back pains and the examination revealed that he had a
“limitation of motion on the left shoulder towards abduction and flexion; muscle spasm on
bilateral upper back and paracervical area; muscle strength of 4/5, left upper extremity and 5/5
both lower extremities with no sensory deficit noted; and empty can test is positive on the left.”
He was advised to continue his physical therapy and medication and to report back for re-
evaluation. During this time, the company shouldered his medical expenses and he continued
to receive basic wage.

Tagle no longer reported back to the designated doctor and instead sought the opinion of his
own physician, Dr. Nicanor F. Escutin, where he was diagnosed to have herniated disc at the
cervical and lumbar spine upon thorough examination. He was deemed with permanent
disability and declared unfit to be a seaman in whatever capacity.

The Company offered a settlement based on the disability grading given by the company-
designated physician, but which Tagle refused. He filed a complaint before the Labor Arbiter
claiming for permanent total disability benefits instead.

The LA ruled in favor of Tagle and awarded permanent total disability benefits on the basis that
there was essentially no conflict in the assessment by the two doctors. The NLRC reversed the
LA’s decision, finding that the mere finding of Dr. Escutin as insufficient since such should be
correlated with the disability grading under Section 32 of the POEA-Standard Employment
Contract. The CA affirmed the NLRC’s decision, noting that from the time Tagle suffered injury
on 19 July 2008 until the time he was given a disability grading by the company-designated
physicians on 6 November 2008, only 110 days had lapsed. It pointed out that the required 240-
day period under Rule X, Section 2 of the Rules and Regulations Implementing Book IV had not
yet expired.

Issue:

Whether Tagle is entitled to receive the permanent total disability benefits?

Held:

NO.

Under the POEA-SEC, for an illness suffered by a seafarer to be compensable, two elements
must concur: (1) the injury or illness must be work-related and (2) the work-related injury or
illness must have existed during the term of the seafarer’s employment contract. The evidence
on record is, however, totally bare of essential facts on how petitioner contracted or developed
his illness and how and why his working conditions increased the risk of contracting the same.

Decision: Petition denied.