In the case of Seacrest Maritime Management, Inc. v. Roderos, the Supreme Court ruled that for a seafarer’s illness to be compensable, there must be substantial evidence demonstrating a causal connection between the work performed and the illness contracted, especially when the illness is not listed as an occupational disease. The Court emphasized that the seafarer bears the burden of proving that their working conditions caused or increased the risk of contracting the disease. This decision underscores the importance of providing concrete evidence to support claims for disability benefits in cases involving non-occupational diseases.

Beyond the Galley: Proving Work-Related Colon Cancer at Sea

This case arose from a claim filed by Alma Roderos, the widow of Francisco Roderos, a seafarer who died from colon cancer. Francisco had been employed as a Chief Cook aboard the vessel “MT ANNELISE THERESA.” After experiencing abdominal pains and constipation during his employment, he was diagnosed with Stage 4 Colon Adenocarcinoma. Upon repatriation, he underwent treatment but eventually passed away. Alma sought disability benefits, arguing that her husband’s illness was work-related or, at the very least, aggravated by his work conditions.

The Labor Arbiter (LA) dismissed the claim, a decision affirmed by the National Labor Relations Commission (NLRC). Both tribunals reasoned that colon cancer was not listed as an occupational disease in the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), and the company-designated physician had deemed the illness not work-related. However, the Court of Appeals (CA) reversed these decisions, finding that Francisco’s illness was indeed work-related due to dietary factors, stress, and exposure to heat and fumes on board the vessel. The Supreme Court, however, took a different view.

The Supreme Court began its analysis by reiterating the importance of the POEA-SEC as the law between the parties. The Court emphasized that for a seafarer to be entitled to disability benefits under Section 20(A) of the POEA-SEC, 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 Court then clarified how work-relatedness is determined under the POEA-SEC, distinguishing between illnesses listed as occupational diseases and those that are not.

For illnesses not listed under Section 32 of the POEA-SEC, a disputable presumption arises in favor of the seafarer, suggesting that these illnesses are work-related. However, this presumption does not relieve the seafarer of the burden of presenting substantial evidence to prove that their work conditions caused or increased the risk of contracting the disease. The Court explicitly stated that:

…the claimant-seafarer must still prove by substantial evidence that his/her work conditions caused or, at least, increased the risk of contracting the disease. This is because awards of compensation cannot rest entirely on bare assertions and presumptions. In order to establish compensability of a non-occupational disease, reasonable proof of work­-connection-but not direct causal relation-is required.

In this case, the Court found that colon cancer is not among the occupational diseases listed in the POEA-SEC. The Court in Leonis Navigation Co., Inc. vs. Villamater explicitly stated that under Section 32-A of the POEA Standard Contract, only two types of cancers are listed as occupational diseases. Therefore, the crucial question was whether the respondent presented substantial evidence to establish a reasonable causal connection between Francisco’s work and his colon cancer.

The respondent argued that Francisco’s diet on board the vessel, consisting of processed meats and high-fat, low-fiber foods, and his exposure to dangerous chemicals, contributed to his illness. The Supreme Court acknowledged that factors like high fat intake and family history could increase the risk of colorectal cancer. However, the Court pointed out that the respondent failed to provide sufficient evidence to support these claims. Specifically, there was no proof presented regarding Francisco’s actual dietary intake or the presence of harmful chemicals aboard the vessel at the time he served as Chief Cook.

The Court noted that, as the Chief Cook, Francisco could have presented evidence of the meals he prepared, but he did not. Furthermore, the petitioners presented affidavits from other seafarers indicating that the vessel was well-provisioned with a variety of healthy foods. While the respondent cited online sources about the risks of certain chemicals, none of these studies specifically linked those chemicals to colon cancer. The Court concluded that the respondent’s evidence was insufficient to establish a reasonable causal connection between Francisco’s work and his illness.

Building on this point, the Court highlighted the significance of the company-designated physician’s medical report, which stated that Francisco’s colon cancer was not work-related. While the findings of a company-designated physician are not automatically final and binding, the seafarer must follow a specific procedure to challenge these findings. According to established jurisprudence, if a seafarer disagrees with the company-designated physician’s assessment, they must seek a second opinion and consult a doctor of their choice. If a disagreement persists, the employer and seafarer should jointly refer the matter to a third doctor, whose decision is considered final and binding.

The Supreme Court emphasized that this referral to a third doctor is a mandatory procedure. In this case, Francisco failed to request a re-examination by a third doctor and instead initiated legal proceedings. This failure, according to the Court, constituted a breach of the POEA-SEC and solidified the company-designated physician’s assessment as final and binding. The Court, quoting from Formerly INC Shipmanagement, Inc. vs. Rosales, underscored the mandatory nature of the third doctor referral process:

This referral to a third doctor has been held by this Court to be a mandatory procedure as a consequence of the provision that it is the company-designated doctor whose assessment should prevail. In other words, the company can insist on its disability rating even against a contrary opinion by another doctor, unless the seafarer expresses his disagreement by asking for the referral to a third doctor who shall make his or her determination and whose decision is final and binding on the parties.

Ultimately, the Supreme Court reversed the Court of Appeals’ decision, finding that the respondent failed to present substantial evidence of a causal connection between Francisco’s work and his illness, and that Francisco failed to follow the mandatory procedure for challenging the company-designated physician’s assessment. This case serves as a reminder of the importance of providing concrete evidence and following the established procedures when claiming disability benefits for illnesses that are not explicitly listed as occupational diseases under the POEA-SEC.

FAQs

What was the key issue in this case?	The key issue was whether the seafarer’s colon cancer was work-related, entitling his widow to disability benefits, and whether there was substantial evidence to prove a causal connection between his work and the illness. The case also hinged on the seafarer’s failure to seek a third doctor’s opinion, as required by the POEA-SEC.
What is the POEA-SEC?	The Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) is a standard employment contract prescribed by the POEA that governs the employment of Filipino seafarers on board ocean-going vessels. It outlines the terms and conditions of their employment, including provisions for disability and death benefits.
What does “work-related illness” mean under the POEA-SEC?	Under the POEA-SEC, a work-related illness is one that results in disability or death as a result of an occupational disease listed under Section 32-A of the POEA-SEC, or an illness that is caused or aggravated by the seafarer’s working conditions. For non-listed illnesses, the seafarer must provide substantial evidence to prove the connection.
What is “substantial evidence”?	Substantial evidence is more than a mere scintilla of evidence. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other minds equally reasonable might conceivably opine otherwise.
What is the role of the company-designated physician?	The company-designated physician is responsible for assessing the seafarer’s disability, whether total or partial, due to injury or illness during the term of their employment. Their assessment is not automatically final, but it carries significant weight.
What should a seafarer do if they disagree with the company-designated physician’s assessment?	If a seafarer disagrees with the company-designated physician’s assessment, they must seek a second opinion from a doctor of their choice. If a disagreement persists, the employer and seafarer should jointly refer the matter to a third doctor, whose decision is final and binding.
Is seeking a third doctor’s opinion mandatory?	Yes, according to the Supreme Court, the referral to a third doctor is a mandatory procedure. Failure to comply with this procedure can result in the company-designated physician’s assessment becoming final and binding.
What evidence did the seafarer’s widow present in this case?	The seafarer’s widow argued that the seafarer’s diet onboard the vessel consisted of processed meats and high-fat, low-fiber foods, and his exposure to dangerous chemicals, contributed to his illness. However, she presented no concrete evidence of his actual diet or the presence of specific chemicals on the vessel.
Why did the Supreme Court reverse the Court of Appeals’ decision?	The Supreme Court reversed the CA’s decision because the respondent failed to present substantial evidence that the seafarer’s work caused or aggravated his illness. Furthermore, the seafarer failed to seek a third doctor’s opinion to challenge the company-designated physician’s assessment.

The Seacrest Maritime Management, Inc. v. Roderos case highlights the importance of providing solid evidence to support claims for disability benefits, especially when dealing with illnesses not explicitly listed as occupational diseases. It also underscores the mandatory nature of seeking a third doctor’s opinion when disputing the findings of a company-designated physician. These principles are crucial for seafarers seeking compensation for illnesses allegedly contracted or aggravated during 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: Seacrest Maritime Management, Inc. v. Roderos, G.R. No. 230473, April 23, 2018