Seafarer’s Illness During Contract Term Presumed Work-Related: Key to Disability Benefits

Bacabac v. NYK-Fil Shipmanagement Inc., G.R. No. 228550, July 28, 2021

Imagine working tirelessly aboard a ship, only to fall ill and face the daunting challenge of securing disability benefits. This is the reality for many seafarers, like Joemar Babiera Bacabac, whose case before the Philippine Supreme Court highlighted the critical issue of disability benefits for seafarers. In this landmark decision, the Court clarified the conditions under which a seafarer’s illness is presumed to be work-related, significantly impacting how such claims are handled in the future.

Joemar Bacabac was employed as an oiler by NYK-Fil Shipmanagement Inc. and NYK Shipmanagement Pte Ltd. During his service, he experienced severe health issues, including kidney failure and cholangitis, which led to his medical repatriation. The central legal question was whether his illness, which manifested during his employment, was work-related and thus entitled him to disability benefits.

The Legal Framework for Seafarer’s Disability Benefits

The Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) is a pivotal document in the realm of seafarer’s rights. It sets out the terms and conditions governing the employment of Filipino seafarers, including provisions for compensation and benefits for injury or illness. Specifically, Section 20(A) of the POEA-SEC outlines the employer’s liabilities when a seafarer suffers a work-related injury or illness during the term of the contract.

Key to this case is the concept of a “disputable presumption of work-relatedness.” According to the POEA-SEC, illnesses not listed as occupational diseases under Section 32 are presumed to be work-related if they manifest during the term of the contract. This presumption can be challenged, but the burden lies on the employer to prove otherwise.

The Supreme Court’s decision in Ventis Maritime Corporation v. Salenga further clarified these rules, distinguishing between illnesses that manifest during and after the contract term. This distinction is crucial for determining the applicability of the disputable presumption.

The Journey of Joemar Bacabac’s Case

Joemar’s ordeal began on March 11, 2012, when he felt dizzy and suffered abdominal pain while working on the MV IKI. Despite initial treatment, his condition worsened, leading to his medical repatriation on May 21, 2012. Two days later, he was diagnosed with Severe Acute Cholangitis, a serious liver condition.

The procedural journey of his case saw several twists and turns. Initially, the Labor Arbiter awarded Joemar full disability benefits and sickness allowance, recognizing his illness as presumed work-related. However, the National Labor Relations Commission (NLRC) reversed this decision, and the Court of Appeals (CA) upheld the NLRC’s ruling, emphasizing that Joemar failed to establish a causal connection between his illness and his work.

The Supreme Court, however, took a different stance. They ruled in favor of Joemar, stating:

“Joemar’s medical condition is disputably presumed as work-related although not listed as an occupational disease. As such, it becomes incumbent upon the respondents to prove otherwise.”

The Court found the company physician’s report inadequate to overcome the presumption of work-relatedness, as it lacked a thorough explanation of the illness’s cause and extent.

The Supreme Court’s decision emphasized the importance of a complete and definite medical assessment by the company physician, stating:

“The assessment must truly reflect the extent of the sickness or injuries of the seafarer and his or her capacity to resume work as such.”

Impact and Practical Advice for Seafarers and Employers

This ruling reinforces the rights of seafarers to disability benefits when their illness manifests during their contract term. It underscores the need for employers to provide comprehensive medical assessments to refute the presumption of work-relatedness effectively.

For seafarers, it is crucial to document any health issues that arise during employment meticulously. If facing a similar situation, consider the following:

• Seek immediate medical attention and keep detailed records of all treatments and diagnoses.
• Be aware of the 120-day period from repatriation, after which, without a valid assessment, the disability may be considered total and permanent.
• Understand your rights under the POEA-SEC and seek legal advice if necessary to protect your interests.

Key Lessons:

• Illnesses manifesting during the contract term are presumed work-related unless proven otherwise by the employer.
• Employers must provide thorough medical assessments to challenge this presumption.
• Seafarers should be proactive in documenting their health issues and understanding their legal rights.

Frequently Asked Questions

What is the disputable presumption of work-relatedness?

The disputable presumption of work-relatedness applies to illnesses not listed as occupational diseases under the POEA-SEC, which manifest during the term of a seafarer’s contract. The employer must then prove that the illness is not work-related to refute this presumption.

How long does a seafarer have to file for disability benefits?

A seafarer can file for disability benefits after the expiration of the 120-day period from repatriation, provided no valid medical assessment has been issued by the company physician.

What should a seafarer do if they believe their illness is work-related?

Document all medical treatments and diagnoses, and seek legal advice to understand your rights and the process for claiming disability benefits.

Can a seafarer’s own doctor’s opinion be used to support a disability claim?

While a seafarer’s own doctor’s opinion can be considered, it is not mandatory. The absence of a valid assessment from the company physician can lead to the presumption of total and permanent disability.

What are the implications of this ruling for employers?

Employers must ensure that medical assessments provided by company physicians are thorough and well-documented to challenge the presumption of work-relatedness effectively.

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