In Apolinario Z. Zonio, Jr. v. 88 Aces Maritime Services, Inc., the Supreme Court ruled in favor of a seafarer, holding that diabetes mellitus could be considered work-related and compensable under the POEA-SEC, even if not listed as an occupational disease. This decision clarifies the burden of proof on employers to disprove the connection between a seafarer’s working conditions and their illness, particularly when the employer fails to provide a post-employment medical examination. The ruling reinforces the protection of seafarers’ rights to disability benefits when their work environment contributes to the development or aggravation of their medical conditions.

When Stress at Sea Leads to Diabetes: Can Seafarers Claim Disability?

Apolinario Zonio, Jr., worked as an ordinary seaman. After several months at sea, he developed diabetes. After being repatriated to the Philippines, Apolinario sought disability benefits from his employer, 88 Aces Maritime Services, arguing his condition was work-related. The company denied the claim, stating that his condition wasn’t work related and was filed outside the three-year prescriptive period.

The Labor Arbiter initially ruled in Apolinario’s favor. However, the NLRC reversed this decision. The NLRC held that Apolinario failed to prove the illness was work-related and that he did not request a post-employment medical examination. The Court of Appeals affirmed the NLRC’s ruling, leading Apolinario to elevate the case to the Supreme Court. The central legal question was whether Apolinario’s diabetes could be considered work-related and thus compensable, and if his claim was filed within the prescribed period.

The Supreme Court emphasized that it is generally not a trier of facts, but made an exception due to conflicting findings between the quasi-judicial bodies and the appellate court. This allowed the Court to delve into the factual issues to resolve the controversy. The Court then addressed the work-relatedness and compensability of Apolinario’s diabetes. The 2000 POEA-SEC states that any sickness resulting in disability because of an occupational disease listed under Section 32(A) of the contract is deemed to be work-related, provided the conditions are satisfied. Section 20(B)(4) further states that if an illness, such as diabetes mellitus, is not listed as an occupational disease, it is disputably presumed as work-related.

The Court highlighted that this legal presumption places a burden on the employer to present evidence to overcome the prima facie case of work-relatedness. In this instance, Apolinario presented medical records from a Saudi Arabian hospital and certifications from his physicians in Manila, all indicating that he suffered from diabetes and was unfit to work. The Court noted the failure of the respondents to present any evidence to rebut the presumption of work-relatedness. A post-employment medical check-up, had it been conducted, could have served as a basis to determine whether Apolinario’s illness was indeed work-related.

The Court clarified the distinction between work-relatedness and compensability. While the presumption covers the assumption that the illness was contracted during and in connection with one’s work, compensability pertains to the entitlement to receive compensation and benefits. This entitlement hinges on demonstrating that the seafarer’s work conditions caused or increased the risk of contracting the disease. The Court referenced medical evidence suggesting that stress can significantly affect glucose metabolism and contribute to chronic hyperglycemia in diabetes. The Court then cited the case of Millora v. ECC to support the premise that stress has influence in hyperglycemia.

The Court considered the strenuous nature of Apolinario’s duties as an ordinary seaman. His tasks included assisting in the handling of deck gear, repair work, scaling and chipping paint, handling mooring lines, and serving as a lookout. Additionally, Apolinario was exposed to physical and psychological stress due to rush jobs, lack of sleep, and homesickness. The Court found these conditions sufficient to establish that his work contributed to the development of his diabetes. Even if other factors may have contributed to the aggravation of his illness, it is enough that his employment had contributed, even in a small degree, to the development of the disease, citing Sevilla v. Workmen’s Compensation Commission.

Regarding the post-employment medical examination, the Court addressed the respondents’ claim that Apolinario failed to comply with the requirement to undergo a medical examination within three working days from his repatriation. Section 20(B)(3) of the 2000 Amended POEA Standard Terms and Conditions requires seafarers to submit to a post-employment medical examination within three working days upon their return, with failure to comply resulting in forfeiture of benefits. However, the Court recognized exceptions to this rule, including cases where the seafarer is incapacitated or the employer refuses to submit the seafarer to a post-employment medical examination.

The court noted Apolinario’s claim that he reported to 88 Aces to get his unpaid wages and to be referred to a company-designated physician, but was denied because his repatriation was due to the completion of his contract. The Court found Apolinario’s claim more credible, given his recurring sickness and medical examinations in Saudi Arabia before his repatriation. The Court stated that it is the company-designated physician who is entrusted with the task of assessing a seafarer’s disability. Jurisprudence is replete with pronouncements that it is the company-designated physician’s findings which should form the basis of any disability claim of the seafarer.

The Court referenced De Andres v. Diamond H Marine Services & Shipping Agency, Inc., where a seafarer was not referred to a company-designated physician, leading the Court to uphold the medical assessment made by the seafarer’s doctor of choice. In Apolinario’s case, the respondents had the opportunity to refer him to a company-designated physician but failed to do so. Given the absence of an assessment from the company-designated physician, the Court gave weight to the medical assessment of Apolinario’s doctor, stating that his disability was total and permanent.

Addressing the issue of prescription, the Court referred to Sections 2 and 18 of the Standard Term and Conditions Governing the Employment of Filipino Seafarers, which stipulate that a contract ceases upon completion, when the seafarer signs off from the vessel and arrives at the point of hire. Although Apolinario’s six-month contract may have ended earlier, he only signed off from MV Algosaibi 42 and arrived at the point of hire on April 11, 2012.

Section 30 of the 2000 POEA-SEC provides a three-year prescriptive period for filing claims from the date the cause of action arises. The Court noted that Apolinario had requested a SENA before the NLRC as early as March 25, 2015, which falls within the prescribed period. The SENA is an administrative approach to facilitate settlement of complaints arising from employer-employee relationships. The Court deemed that Apolinario instituted his claim when he filed his Request for SENA on March 25, 2015, well within the prescriptive period.

Finally, the Court addressed the claims for sickness allowance and attorney’s fees. Under Section 20(A)(3) of the 2010 POEA-SEC, a seafarer is entitled to a sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of disability has been assessed, but not exceeding 120 days. Since no assessment was made by the company-designated physician, Apolinario was deemed entitled to a sickness allowance equivalent to 120 days. The Court also awarded attorney’s fees, citing Article 2208 of the New Civil Code, which allows for the recovery of attorney’s fees in actions for the recovery of wages and indemnity under employer’s liability laws.

FAQs

What was the key issue in this case?	The key issue was whether a seafarer’s diabetes mellitus could be considered work-related and compensable under the POEA-SEC, and whether the claim was filed within the prescribed period.
What is the POEA-SEC?	The POEA-SEC refers to the Philippine Overseas Employment Administration Standard Employment Contract. It sets the minimum terms and conditions of employment for Filipino seafarers on board ocean-going vessels.
What does ‘work-related’ mean in this context?	‘Work-related’ means that the illness was contracted during and in connection with one’s work as a seafarer. The POEA-SEC presumes certain illnesses are work-related, placing the burden on the employer to prove otherwise.
What is the significance of the post-employment medical examination?	The post-employment medical examination, conducted by a company-designated physician, is crucial for assessing a seafarer’s medical condition after repatriation. It helps determine whether an illness is work-related and the extent of the disability.
What happens if a company fails to provide a post-employment medical examination?	If a company fails to provide a post-employment medical examination, the court may give more weight to the assessment of the seafarer’s personal physician. This can lead to a favorable ruling for the seafarer in a disability claim.
How long does a seafarer have to file a disability claim?	A seafarer has three years from the date the cause of action arises to file a disability claim. The cause of action typically arises upon disembarkation from the vessel.
What is a SENA request and its relevance?	SENA, or Single Entry Approach, is an administrative process to facilitate settlement of labor disputes. Filing a SENA request is often a prerequisite to filing a formal complaint and can be considered the start of the claim process.
What is a sickness allowance?	A sickness allowance is a benefit provided to seafarers who fall ill during their employment. It is equivalent to the seafarer’s basic wage and is paid until they are declared fit to work or their disability is assessed, up to a maximum of 120 days.
Why were attorney’s fees awarded in this case?	Attorney’s fees were awarded because the employer’s actions compelled the seafarer to incur expenses to protect his interests. Such awards are permissible in actions for the recovery of wages and indemnity under employer’s liability laws.

The Supreme Court’s decision in Zonio v. 88 Aces Maritime Services provides essential clarity on the rights of seafarers, particularly concerning illnesses like diabetes that may be aggravated by working conditions at sea. This ruling reinforces the importance of employers fulfilling their obligations to provide medical examinations and fairly assess disability claims, ensuring that seafarers receive the compensation they are entitled to under the law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Apolinario Z. Zonio, Jr. v. 88 Aces Maritime Services, Inc., G.R. No. 239052, October 16, 2019