513 Phil. 254
SANDOVAL-GUTIERREZ, J.:
"As you already are aware of – the LPG/C Helikon was sold to Varun Shipping-Bombay with expected delivery mid of September 1996.As a consequence, on September 21, 1996, respondent was repatriated to the Philippines. Petitioner paid him P32,074.20 representing his unpaid wages for four (4) months and separation benefits at the rate of "two months basic salary." He then executed and signed a Release and Quitclaim dated October 28, 1996.
You are therefore requested to give notice to Filipino officers and crew accordingly.
All Manila employed crew will be taken cared of according to TCC/CBA. They are entitled to two (2) months basic wages, if Manila can't employ them within 30 days after arrival in Manila. Such payment will be made in Manila and not onboard."
"WHEREFORE, respondents Bergesen D.Y. Phils., Ind. and Rolando C. Adorable are hereby, jointly and solidarily, ordered to pay complainant Rizalino R. Estenzo as follows:Upon appeal, the National Labor Relations Commission (NLRC) promulgated its Decision dated September 30, 1998 reversing the Labor Arbiter's Decision and dismissing the complaint, thus:
1. Permanent disability compensation under POEA Standard Employment Contract US $ 60,000.002. Moral damages P 100,000.003. Exemplary damages P 20,000.004. Medical reimbursement P 2,000.00
plus 10% attorney's fees on the total judgment award.
All payable in Philippine peso at the exchange rate prevailing at the time of payment.
SO ORDERED."
"After a judicious review of records herein, we find the appeal of respondents meritorious.Respondent then filed a motion for reconsideration but was denied by the NLRC in a Resolution dated January 29, 1999.
We disagree with the argument of the Labor Arbiter in that after the sale of vessel �Helikon� and the repatriation of complainant, complainant's services were deemed uninterrupted by a cause not attributable to his fault or his own making. This argument is untenable because after the sale of Helikon, complainant was repatriated on 20 September 1996 and was paid separation pay of two months salary which he accepted voluntarily as shown in the Quitclaim which complainant signed on 28 October 1996. On that day, the employer-employee relations of complainant and respondents ceased. It was in January, 1997, when complainant re-applied for another employment contract with respondents and when he had to undergo a medical test that this illness of Hypertensive Cardiovascular Disease with Ischemia was diagnosed. By this time, he was not yet employed with respondents. The records even show that he withdrew his application on 7 February 1997. In April 29, 1997, he filed this case.
We cannot agree with complainant that this illness was with him already while he was employed with respondents for as pointed out by respondents in their Reply and Appeal, complainant failed to show proof that his illness was work-connected or that he was suffering from it already while he was on board Helikon.
It is then erroneous for the Labor Arbiter to apply the POEA Standard Employment Contract and TCC-CBA either for disability benefits or medical expense reimbursement in favor of complainant in the absence of employment relations.x x x x x x
Consequently, the award of damages and attorney's fees must be deleted.
WHEREFORE, premises considered, the appeal is GRANTED. The Decision appealed from is VACATED and a new one entered DISMISSING instant complaint for lack of merit.
SO ORDERED."
"Petitioner's pre-employment medical examination reveals that he suffered no heart trouble nor high blood pressure and was diagnosed as fit for work (Annex "B-4", p. 75, Rollo). It is not disputed that petitioner's work (deck fitter) required routine hard manual labor. The extreme and hazardous working environment in the engine room tended to develop symptoms of headache, dizziness and cardiac lapses. Heeding private respondents' request, petitioner also performed emergency overhauling work inside the compressor room for two weeks in time for the vessel's delivery to the new owners. Inevitably, he was exposed to ammonia, causing chest pains and abnormal breathing (pp. 34-35, Rollo).On October 20, 1999, petitioners filed a motion for reconsideration but was denied by the Appellate Court in its Resolution dated December 29, 1999.
Contrary to private respondents' claim, petitioner's strenuous work is the proximate cause of his hypertensive cardiovascular disease. Private respondents' assertion that subject illness was developed after the termination of petitioner's employment deserves scant consideration. Firstly, petitioner performed no strenuous work after the delivery of private respondents' vessel to the new owners. Secondly, private respondents' designated physician declared him unfit for sea duty on January 2, 1997 (Annex "I-1").
Respondent NLRC's finding that petitioner failed to show proof that his illness was work-connected, constitutes a reversible error. As heretofore elucidated, petitioner's work as deck fitter and the two-week emergency overhauling job caused him to develop hypertensive cardiovascular disease. Basic is the rule that actual proof of causation is not necessary to justify compensability. Probability, not certainty, is the test. Substantial proof, not actual proof, is the requirement. To require otherwise would be inconsistent with the liberal interpretation of the Labor Code and the social justice policy of the State.
Petitioner's employment having been terminated due to a cause beyond his control, his services shall be deemed uninterrupted pursuant to TCC-CBA covering his employment, thus:Section 3. Service shall be deemed uninterrupted when a seaman is paid on vacation or awaiting assignment after his paid vacation, or is on leave due to medical reasons, or when the interruption is not attributable to the seaman's fault or own-making.x x x x x x
In fine, the Court is fully convinced that respondent NLRC did act with grave abuse of discretion in setting aside the Labor Arbiter's decision.
WHEREFORE, the decision appealed from is hereby REVERSED and SET ASIDE. Accordingly, the decision dated December 22, 1997 of Labor Arbiter Romulus S. Protasio is REINSTATED.
No pronouncement as to costs.
SO ORDERED."
But respondent, citing Section 3 of the parties' TCC-CBA, quoted as follows:maintains that the employer-employee relationship with petitioner has not been interrupted since his repatriation was obviously not attributable to his own fault but actually by reason of the sale of petitioners' vessel. Thus, petitioners are still liable to pay him his permanent disability benefits.
"Section 3. Services shall be deemed uninterrupted when a seaman is paid on vacation or awaiting assignment after his paid vacation, or is on leave due to medical reasons, or when the interruption is not attributable to the seaman's fault or own-making."
"B. Compensation and Benefits for Injury or Illness. The liabilities of the employer when the seaman suffers injury or illness during the term of his contract are as follows:Here, it is undisputed that the sale of LPG/C Helikon resulted in the pre-termination of respondent's employment contract and his eventual repatriation to the Philippines on September 21, 1996. Nevertheless, petitioners' responsibility for respondent's welfare subsisted since his services remained uninterrupted but was pre-terminated for reasons not attributable to his own fault.x x x x x x
However, 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 that he is declared fit to work or the degree of permanent disability has been assessed x x x.x x x x x x
5. In case of permanent, total, or partial disability of the seafarer during the term of employment caused by either injury or illness, the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 30 of this contract x x x"