The Supreme Court ruled that while a seafarer’s illness might not be directly work-related, an employer’s failure to provide timely and adequate medical attention constitutes gross negligence, leading to liability for damages. This decision underscores the employer’s responsibility to prioritize the health and well-being of its employees, especially in hazardous occupations like seafaring, and sets a precedent for holding employers accountable for neglecting their duty of care.

Beyond the Voyage: When a Seafarer’s Illness Exposes Employer Neglect

The case of Jessie M. Doroteo v. Philimare Incorporated revolves around a seafarer who developed throat cancer during his employment. While the court did not find a direct link between his work and the illness, it uncovered a critical issue: the employer’s negligence in providing timely medical assistance. This negligence ultimately led to an award of damages, highlighting the employer’s duty of care beyond mere contractual obligations.

Jessie M. Doroteo, an engineer hired by Philimare, experienced symptoms while at sea. Despite his repeated requests, the ship master allegedly denied him prompt medical attention. Upon his eventual repatriation, Doroteo claimed the company physician demanded payment before treatment, leading him to seek medical care independently. The central legal question became whether Philimare’s actions constituted negligence and warranted compensation, even if the illness itself was not directly caused by his work.

The Labor Arbiter and the NLRC initially dismissed Doroteo’s claims, citing the pre-existing nature of his illness and his alleged failure to disclose his medical history. However, the Court of Appeals (CA) reversed this decision in part, finding that Philimare’s failure to provide immediate medical attention constituted grave abuse of discretion. The CA awarded damages to Doroteo, a decision that both parties contested before the Supreme Court.

The Supreme Court’s analysis hinged on two critical points: the causal link between Doroteo’s work and his illness, and the employer’s duty to provide adequate medical care. Regarding the first, the Court acknowledged the difficulty in definitively linking Doroteo’s throat cancer to his working conditions. While Doroteo argued that the engine room environment contributed to his illness, he failed to provide sufficient evidence to establish a direct causal connection.

The Court referenced prior rulings, such as Raro v. Employees’ Compensation Commission, emphasizing the challenges in pinpointing the causes of cancer. It stated that medical science cannot yet positively identify the causes of various types of cancer. Certain cancers have reasonably been traced to or considered as strongly induced by specific causes, but in this case, the evidence lacked the substance required to establish claims.

In Raro v. Employees’ Compensation Commission, we stated that medical science cannot, as yet, positively identify the causes of various types of cancer. It is a disease that strikes people in general. The nature of a person’s employment appears to have no relevance.

Furthermore, the Court considered the evolution of POEA standard contracts, noting that the 2000 version requires a causal connection between the seafarer’s illness and their work. The Supreme Court highlighted Sec. 20(b), paragraph 6, of the 2000 POEA Amended Standard Terms, clarifying that it is not sufficient to establish that the seafarer’s illness or injury has rendered him permanently or partially disabled, but it must also be shown that there is a causal connection between the seafarer’s illness or injury and the work for which he had been contracted for.

Under Sec. 20(b), paragraph 6, of the 2000 POEA Amended Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels:
SEC. 20. Compensation and Benefits.—
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:

However, the Court sided with Doroteo on the issue of employer negligence. Philimare failed to adequately refute Doroteo’s claims that the ship master repeatedly denied him medical attention. This failure, coupled with the allegation that the company physician demanded payment before treatment, demonstrated a clear disregard for Doroteo’s well-being.

Building on this, the Court emphasized the employer’s responsibility to provide timely and adequate medical care to its employees, especially seafarers who work in hazardous conditions. Neglecting an employee’s immediate medical needs has legal consequences. It held that Philimare’s actions constituted gross negligence, justifying the award of moral and exemplary damages.

The Court cited German Marine Agencies, Inc. v. National Labor Relations Commission, where an employer was held liable for failing to provide immediate medical attention to a seafarer. The Supreme Court affirmed the appellate court’s finding that petitioners are guilty of negligence in failing to provide immediate medical attention to private respondent. The Supreme Court said that exemplary damages are imposed by way of example or correction for the public good, pursuant to Article 2229 of the Civil Code.

We affirm the appellate court’s finding that petitioners are guilty of negligence in failing to provide immediate medical attention to private respondent. Exemplary damages are imposed by way of example or correction for the public good, pursuant to Article 2229 of the Civil Code.

In conclusion, the Supreme Court upheld the CA’s decision, denying Philimare’s petition and partly granting Doroteo’s. The Court affirmed the award of moral damages and added exemplary damages and attorney’s fees, reinforcing the message that employers cannot neglect their duty to provide adequate medical care to their employees, even when the illness is not directly work-related.

FAQs

What was the key issue in this case?	The key issue was whether the employer, Philimare, was liable for damages due to negligence in providing medical attention to its employee, Doroteo, who suffered from throat cancer during his employment.
Did the Court find Doroteo’s cancer to be work-related?	No, the Court did not find sufficient evidence to establish a direct causal link between Doroteo’s throat cancer and his working conditions as an engineer.
What was the basis for the Court’s decision to award damages?	The Court awarded damages based on Philimare’s gross negligence in failing to provide timely and adequate medical attention to Doroteo despite his repeated requests.
What type of damages did the Court award?	The Court awarded moral damages, exemplary damages, and attorney’s fees to Doroteo’s heirs.
What is the significance of the POEA standard contract in this case?	The POEA standard contract, specifically the 2000 version, requires a causal connection between the seafarer’s illness and their work for compensation to be awarded.
What evidence did Doroteo present to support his claim of negligence?	Doroteo presented evidence that the ship master repeatedly denied him medical attention and that the company physician demanded payment before treatment.
What is the employer’s duty of care to its employees, according to this case?	The employer has a duty to provide timely and adequate medical care to its employees, especially those working in hazardous conditions like seafaring.
Can an employer be held liable for damages even if the employee’s illness is not work-related?	Yes, an employer can be held liable for damages if they are negligent in providing medical attention to the employee, regardless of whether the illness is work-related.

This case serves as a reminder to employers of their responsibility to prioritize the health and well-being of their employees. It emphasizes the importance of providing timely and adequate medical care, especially in hazardous occupations like seafaring. The ruling sets a precedent for holding employers accountable for neglecting their duty of care, even when the employee’s illness is not directly caused by their work.

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: Jessie M. Doroteo (Deceased) v. Philimare Incorporated, G.R. No. 184932, March 13, 2017