Key Takeaway: Employers Must Address All Seafarer Ailments Post-Repatriation, Not Just the Cause of Repatriation

Blue Manila, Inc. and/or Oceanwide Crew Manila, Inc. v. Antonio R. Jamias, G.R. No. 230919 and G.R. No. 230932, January 20, 2021

Imagine a seafarer, miles away from home, facing the harsh realities of life at sea. The physical demands of their job can lead to injuries or illnesses that disrupt their lives and livelihoods. In the case of Antonio R. Jamias, a seafarer employed by Blue Manila, Inc. and Oceanwide Crew Manila, Inc., the Supreme Court of the Philippines ruled on a critical issue: the extent of an employer’s liability for a seafarer’s medical conditions discovered post-repatriation. This decision underscores the importance of comprehensive medical assessments for seafarers and the rights they have under the Philippine Overseas Employment Administration (POEA) Standard Employment Contract (SEC).

Antonio R. Jamias, a cook on the M/V Kwintebank, was medically repatriated due to an umbilical hernia. However, upon his return to Manila, he also sought treatment for persistent lower back pain. The central legal question was whether Jamias’ back condition, which was not the immediate cause of his repatriation, should be considered compensable under the POEA-SEC.

Legal Context

The POEA-SEC, a crucial document governing the employment of Filipino seafarers, outlines the responsibilities of employers regarding the health and welfare of their employees. Section 20(A) of the 2010 POEA-SEC mandates that employers continue to provide medical care to seafarers who suffer work-related injuries or illnesses during the term of their contract. This includes covering medical expenses and providing sickness allowances until the seafarer is declared fit to work or the degree of disability is established.

Key terms such as “work-related injury” and “illness” are defined under the POEA-SEC. An injury or illness is considered work-related if it arises from or is aggravated by the seafarer’s employment. The contract also stipulates the procedure for medical assessments, including the role of the company-designated physician and the possibility of a third doctor’s assessment if there is a dispute.

For example, if a seafarer develops a respiratory condition due to prolonged exposure to harmful substances on board, this would fall under the POEA-SEC’s definition of a work-related illness. The employer would be responsible for providing medical treatment and assessing the seafarer’s fitness to work upon repatriation.

Relevant provisions from the POEA-SEC include:

“If after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician.”

Case Breakdown

Antonio R. Jamias’ journey began in 1998 when he started working for Blue Manila, Inc. and Oceanwide Crew Manila, Inc. In February 2011, he was rehired as a cook under a six-month contract. His duties were physically demanding, involving lifting heavy provisions and maintaining cleanliness on board.

In August 2011, while performing his duties, Jamias experienced severe pain in his umbilical area, which led to his diagnosis of constipation and an umbilical hernia. He was medically repatriated and underwent surgery in Manila, which resolved his abdominal pain. However, he continued to suffer from lower back pain, which he reported to the company-designated physician upon his return.

The company-designated physician ordered an MRI of Jamias’ lumbosacral spine, which revealed a broad-based herniated disc. Despite this, the physician declared Jamias fit to work without addressing his back condition. Jamias sought further medical evaluation from an orthopedic specialist, who confirmed the presence of a herniated disc and declared him unfit for his previous occupation.

The case proceeded to voluntary arbitration, where the Panel of Voluntary Arbitrators (PVA) ordered a third doctor’s assessment. The third doctor confirmed Jamias’ back ailment but did not provide a disability grading. The PVA awarded Jamias total and permanent disability benefits, which the employers contested in the Court of Appeals (CA).

The CA set aside the PVA’s award, ordering a reevaluation by a third doctor to determine the appropriate disability grading. Both parties appealed to the Supreme Court, where the Court reinstated the PVA’s decision, emphasizing that the company-designated physician’s failure to address Jamias’ back condition transformed his temporary disability into a permanent one.

Direct quotes from the Supreme Court’s decision include:

“Any illness complained of, and/or diagnosed during the mandatory PEME under Section 20(A) is deemed existing during the term of the seafarer’s employment, and the employer is liable therefor.”

“The issuance of a fit-to-work certification to Jamias, without first addressing, or without any definite declaration as to his back ailment, is an abdication of the company-designated doctor’s obligation under the POEA-SEC.”

Practical Implications

This ruling has significant implications for employers and seafarers alike. Employers must ensure that all medical conditions reported by seafarers upon repatriation are thoroughly assessed and treated, regardless of whether they were the cause of repatriation. Failure to do so can result in the seafarer’s temporary disability being considered permanent and total.

For seafarers, this decision reinforces their right to comprehensive medical care and disability benefits. It is crucial for them to report any health issues promptly and seek independent medical assessments if necessary.

Key Lessons:

• Employers must address all medical conditions reported by seafarers post-repatriation, not just the cause of repatriation.
• Failure to provide a complete and definite medical assessment can lead to a seafarer’s temporary disability being considered permanent and total.
• Seafarers should report any health issues promptly and seek independent medical assessments if necessary.

Frequently Asked Questions

What is the POEA-SEC?

The POEA-SEC is a contract that governs the employment of Filipino seafarers, outlining their rights and the responsibilities of their employers, including provisions for medical care and disability benefits.

What constitutes a work-related injury or illness under the POEA-SEC?

A work-related injury or illness is one that arises from or is aggravated by the seafarer’s employment. This includes conditions developed due to the nature of their work or the environment on board the vessel.

What should a seafarer do if they believe their medical condition is not being properly addressed?

Seafarers should report their concerns to their employer and seek an independent medical assessment if necessary. They may also seek legal advice to ensure their rights are protected.

Can a seafarer’s temporary disability become permanent and total?

Yes, if the company-designated physician fails to provide a complete and definite medical assessment, the seafarer’s temporary disability may be considered permanent and total, entitling them to full disability benefits.

What are the implications of this ruling for employers?

Employers must ensure comprehensive medical assessments for all conditions reported by seafarers upon repatriation. Neglecting to do so can result in significant financial liabilities and legal challenges.

ASG Law specializes in labor and employment law for seafarers. Contact us or email hello@asglawpartners.com to schedule a consultation.