In this case, the Supreme Court affirmed that a seafarer’s illness, even if not explicitly listed as an occupational disease, is presumed work-related if the employer fails to prove otherwise. The Court emphasized the importance of considering the working conditions and tasks of the seafarer in determining the connection between the illness and the employment. This decision reinforces the protection afforded to seafarers under the POEA Standard Employment Contract, ensuring they receive compensation for disabilities arising from their work.

Under the Sun: Can a Seafarer’s Skin Cancer Qualify for Disability Benefits?

Joselito Cristino, a fitter for Philippine Transmarine Carriers, Inc., developed malignant melanoma during his employment. After seeking medical treatment and being declared unfit for sea duty, he sought disability benefits and illness allowance, which the company denied. The central legal question was whether Cristino’s skin cancer was work-related, entitling him to compensation under the POEA Standard Employment Contract.

At the heart of this case lies the interpretation of Section 20-B of the POEA Contract, which outlines the obligations of an employer when a seafarer suffers a work-related illness or injury. This section dictates the provision of medical treatment, sickness allowance, and disability benefits. Section 32-A lists specific occupational diseases, but crucially, Section 20-B(4) establishes that illnesses not listed are still disputably presumed as work-related. This presumption places the burden on the employer to prove that the illness was not connected to the seafarer’s work.

The Court emphasized that the respondent, Cristino, presented substantial evidence to support his claim. Substantial evidence, in this context, is defined as “relevant evidence [which] a reasonable mind might accept as adequate to support a conclusion.” Cristino’s medical oncologist, Dr. Ignacio, concluded that his malignant melanoma, a type of skin cancer, was linked to sun exposure, a known risk factor. The Court noted that Cristino’s duties as a fitter, which involved repairing pipes, painting the deck, and other tasks, required him to work under the sun. This exposure, the Court reasoned, could have caused or contributed to his illness. This ruling underscores the principle that the employment need not be the sole cause of the illness; a reasonable connection between the working conditions and the illness is sufficient.

The Court further addressed the conflicting medical opinions presented by the company-designated physicians and Cristino’s personal oncologist. The company physicians initially declared that Cristino’s illness was not work-related, but the Court found their statement lacked support and was merely a “one-liner negation.” Conversely, Dr. Ignacio, Cristino’s oncologist, provided a detailed medical assessment linking sun exposure to the development of malignant melanoma. The Court found Dr. Ignacio’s opinion more credible because Cristino’s oncologist was actively involved in his treatment and performed surgical procedures, reflecting a deeper understanding of his condition.

The ruling in Wallem Maritime Services, Inc. v. NLRC is instructive:

x x x. It is not required that the employment be the sole factor in the growth, development or acceleration of the illness to entitle the claimant to the benefits provided therefor. It is enough that the employment had contributed, even in a small degree, to the development of the disease x x x.

The Court then turned to the question of the nature and extent of Cristino’s disability, referencing the landmark case of Vergara v. Hammonia Maritime Services, Inc., et al., which detailed the process for determining permanent disability in seafarer cases. The Court clarified that a seafarer must undergo a post-employment medical examination within three days of arrival. During the initial 120-day period, the disability is considered temporary total, with the employer obligated to pay sickness allowance. This period can be extended to a maximum of 240 days if further treatment is needed. The Court stated in C.F. Sharp Crew Management, Inc. v. Taok, that the seafarer may institute an action for total and permanent disability benefits when:

(a) The company-designated physician failed to issue a declaration as to his fitness to engage in sea duty or disability even after the lapse of the 120-day period and there is no indication that further medical treatment would address his temporary total disability, hence, justify an extension of the period to 240 days;
(b) 240 days had lapsed without any certification being issued by the company-designated physician; … (h) The company-designated physician declared him partially and permanently disabled within the 120-day or 240-day period but he remains incapacitated to perform his usual sea duties after the lapse of said periods.

Cristino filed his claim within the 120-day period, during which time the company stopped paying his sickness allowance and had already declared him unfit for sea duty. The Court concluded that Cristino was entitled to permanent disability benefits because he was unable to resume his work as a fitter until his death. The Court defined permanent total disability, citing Bejerano v. Employees’ Compensation Commission, as the “disablement of an employee to earn wages in the same kind of work, or work of a similar nature that she was trained for or accustomed to perform.”

The Court upheld the award of disability benefits, illness allowance, and attorney’s fees to Cristino’s heirs. This ruling reinforces the importance of considering the specific working conditions of seafarers when assessing disability claims. It also highlights the seafarer’s right to seek independent medical opinions and the court’s authority to rely on those opinions when they are better substantiated.

FAQs

What was the key issue in this case?	The central issue was whether a seafarer’s skin cancer (malignant melanoma) was work-related, entitling him to disability benefits under the POEA Standard Employment Contract. The court examined the causal connection between the nature of the seafarer’s work and the development of the illness.
What is the significance of Section 20-B of the POEA Contract?	Section 20-B outlines the employer’s obligations when a seafarer suffers a work-related illness or injury. It includes provisions for medical treatment, sickness allowance, and disability benefits, and it establishes a presumption of work-relatedness for illnesses not explicitly listed as occupational diseases.
What does “substantial evidence” mean in this context?	Substantial evidence is the amount of relevant evidence a reasonable mind might accept as adequate to support a conclusion. It’s the degree of proof required to support claims for compensation in labor cases, requiring more than a mere possibility but less than absolute certainty.
How did the Court address the conflicting medical opinions?	The Court favored the opinion of Cristino’s personal oncologist because he was actively involved in Cristino’s treatment and provided a more detailed medical assessment. The Court found the company-designated physicians’ opinion to be a mere negation, lacking specific support.
What is permanent total disability, according to the Court?	Permanent total disability is defined as the disablement of an employee to earn wages in the same kind of work or work of a similar nature they were trained for. It does not mean absolute helplessness, but rather the inability to perform the substantial acts necessary for their usual occupation.
What is the 120/240-day rule?	The 120/240-day rule refers to the period following a seafarer’s repatriation during which their disability is considered temporary. The employer must pay sickness allowance for 120 days, extendable to 240 days if further treatment is needed, and the employer must issue a fit-to-work declaration.
What factors did the court consider in determining work-relatedness?	The court considered the specific tasks of the seafarer, including cleaning and repairing equipment, painting the deck, and other duties that involved exposure to sunlight. The court found that these tasks created a reasonable connection between the working conditions and the development of skin cancer.
What was the final decision in this case?	The Supreme Court affirmed the Court of Appeals’ decision, ruling that Cristino’s illness was work-related and that he was entitled to permanent disability benefits, illness allowance, and attorney’s fees. The Court ordered the company to pay the corresponding benefits to Cristino’s heirs.

This case underscores the Philippine legal system’s commitment to protecting the rights of seafarers and ensuring they receive just compensation for work-related illnesses. The ruling highlights the importance of considering the specific working conditions of seafarers and the need for employers to provide adequate medical care and compensation when seafarers suffer from disabilities arising from their employment.

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: Philippine Transmarine Carriers, Inc. v. Cristino, G.R. No. 188638, December 09, 2015