On 24 April 2002, the seafarer was hired as a messman on board the M/T Umm Al Lulu by the employer, Abu Dhabi National Tanker Company, through its local manning agency, C.F. Sharp Crew Management, Inc. The seafarer and the employer signed a ten-month contract of employment, which was approved by the Philippine Overseas Employment Administration on 9 May 2002.
Before embarkation, the seafarer underwent a pre-employment medical examination and was declared physically fit to work. He then boarded the M/T Umm Al Lulu on 20 May 2002.
The seafarer was repatriated in Manila on 16 March 2003. The next day, 17 March 2003, he went to a medical clinic in Kawit, Cavite where he was examined by his personal doctor who then diagnosed him with “Essential Hypertension.” Said doctor advised the seafarer to take the prescribed medication and rest for a week.
On 19 March 2003, the seafarer died. The certificate of death stated the causes for his death, thus:
Immediate cause: Irreversible Shock
Antecedent cause: Acute Myocardial Infarction
Underlying cause: Hypertensive Heart Disease
The seafarer’s legal heirs filed a complaint against the employer for the recovery of death compensation benefits and of burial and children’s allowances.
Employer’s Contentions:
The employer contended that the seafarer’s death was not compensable based on the following reasons:
1) The death of the seafarer did not occur during the term of his employment.
A seafarer’s term of employment commences from his actual departure from the airport or seaport in the point of hire and ceases upon completion of his period of contractual service, signing-off, and arrival at the point of hire.
The seafarer’s ten-month contract was about to expire on 20 March 2003 when he was safely repatriated without any medical condition a few days earlier, on 16 March 2003, as he was already in a convenient port. In other words, the seafarer finished his employment contract upon signing off from M/T Umm Al Lulu and arriving in Manila, his point of hire, on 16 March 2003.
Thus, the seafarer’s death on 19 March 2003 could not have been compensable because it happened beyond the term of his contract.
2) The seafarer’s death was not work-related.
As a messman, the seafarer’s duties were limited to assisting the chief cook in food preparation. Said duties could not have contributed to his demise or increased the risk of acquiring the illness which caused his death, for there was no showing that the seafarer was subjected to any unusual strain or required to perform any strenuous activity that could have triggered a heart attack.
3) The seafarer failed to disclose his ailment during his pre-employment medical examination.
Hypertensive heart disease takes years to develop and most probably the seafarer was already suffering from said disease even before the start of his employment contract. However, the seafarer failed to disclose his ailment during his pre-employment medical examination. This fact barred the seafarer’s heirs from receiving death benefits on the ground of concealment of a pre-existing illness.
4) The seafarer likewise failed to submit himself to a mandatory post-employment medical examination within three working days from his disembarkation.
The Court’s Ruling:
The Supreme Court disagreed with the contentions of the employer and ruled that the seafarer’s heirs were entitled to the benefits they claimed.
The Court noted the following provisions of Section 20 (A) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract, as these were applicable to the case:
SECTION 20. COMPENSATION AND BENEFITS. —
A. COMPENSATION AND BENEFITS FOR DEATH
1. In case of death of the seafarer during the term of his contract, the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment.
x x x
4. The other liabilities of the employer when the seafarer dies as a result of injury or illness during the term of employment are as follows:
a. The employer shall pay the deceased’s beneficiary all outstanding obligations due the seafarer under this Contract.
b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employer’s expense except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master’s best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer’s remains.
c. The employer shall pay the beneficiaries of the seafarer the Philippine currency equivalent to the amount of One Thousand US dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment. (Emphasis supplied.)
The Court addressed the employer’s contentions, as follows:
1) Clarification of the phrase “work-related death of the seafarer, during the term of his employment contract”
The Court found that Section 20 (A) (1) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract covered cases wherein the seafarer’s death occurred “during the term of his contract.” The Court also noted that the same phrase could be found in Section 20 (A) (1) of the 2000 Philippine Overseas Employment Administration Standard Employment Contract, only this more recent version of the provision additionally required that the death be “work-related.”
The Court acknowledged that although medical repatriation of the seafarer at the point of hire strictly meant the termination of his employment, heirs of a seafarer who has died after his medical repatriation could still recover compensation and benefits.
Applying the rule on liberal construction, the Court stated that medical repatriation cases should be considered as an exception to Section 20 of the Standard Employment Contract.
1.1)
Accordingly, the phrase “work-related death of the seafarer, during the term of his employment contract” under Part A (1) of the Standard Employment Contract should not be strictly and literally construed to mean that the seafarer’s work-related death should have precisely occurred during the term of his employment.
Rather, it is enough that the seafarer’s work-related injury or illness which eventually causes his death should have occurred during the term of his employment.
According to the Court, it is by this method of construction that undue prejudice to the seafarer and his heirs may be obviated and the State policy on labor protection be championed. For if the seafarer’s death was brought about (whether fully or partially) by the work he had harbored for his employer’s profit, then it is but proper that his demise be compensated.
1.2)
It is not required that the employment be the sole factor in the growth, development or acceleration of the illness to entitle the seafarer or the heirs to benefits provided therefor. It is enough that the employment had contributed, even in a small degree, to the development of the disease and in bringing about seafarer’s death.
1.3)
Even assuming that the ailment of the seafarer was contracted prior to his employment, this still would not deprive him or his heirs of compensation benefits. For what matters is that the work of the seafarer had contributed, even in a small degree, to the development of the disease and in bringing about his eventual death.
1.4)
Neither is it necessary, in order to recover compensation, that the seafarer be in perfect health at the time he contracted the disease. A seafarer brings with him possible infirmities in the course of his employment, and while the employer is not the insurer of the health of his seafarers, he takes them as he finds them and assumes the risk of liability. If the disease is the proximate cause of the seafarer’s death for which compensation is sought, the previous physical condition of the seafarer is unimportant, and recovery may be had for said death, independently of any pre-existing disease.
The Court concluded that medical repatriation is an exceptional circumstance and allows the heirs of the seafarer who died after he had been medically repatriated to recover the compensation and benefits provided in Section 20 (A) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract .
The phrase “death of the seafarer during the term of his contract” in Section 20 (A) (1) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract should not be strictly and literally construed to mean that the seafarer’s death should have occurred during the term of his employment; it is enough that the seafarer’s work-related injury or illness which eventually caused his death occurred during the term of his employment.
2) Context of the illness that caused the seafarer’s death
According to the Court, for a seafarer’s death to be compensable under the said contract, the illness leading to the eventual death of the seafarer need not be shown to be work-related in order to be compensable, but must be proven to have been contracted during the term of the contract. Neither is it required that there be proof that the working conditions increased the risk of contracting the disease or illness. An injury or accident is said to arise “in the course of employment” when it takes place within the period of employment, at a place where the employee reasonably may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto.
The Court ruled in favor of the seafarer’s heirs since the particular circumstances in the present case revealed that the seafarer contracted the illness which eventually caused his death during the term of his contract or in the course of his employment.
3) Seafarer’s hypertension and/or heart disease easily detected by standard/routine tests
The Court found that before the seafarer boarded M/T Umm Al Lulu on 20 May 2002, he underwent a pre-employment medical examination and was declared fit to work. In this regard, the Court ruled that the same negated the employer’s claim that the seafarer concealed a pre-existing illness.
The Court acknowledged its declarations that the pre-employment medical examination could not be relied upon to inform the employer/s of a seafarer’s true state of health, and there were instances when the pre-employment medical examination could not have divulged the seafarer’s illness considering that the examinations were not exploratory.
However, the Court noted that the seafarer’s hypertension and/or heart disease could have been easily detected by standard/routine tests included in the pre-employment medical examination, i.e., blood pressure test, electrocardiogram, chest x-ray, and/or blood chemistry.
The Court added that even assuming that the ailment of the seafarer was contracted prior to his employment on board the M/T Umm Al Lulu, this could not be a drawback to the compensability of the disease.
The Court reiterated that it is not required that the employment be the sole factor in the growth, development or acceleration of the illness to entitle the claimant to the benefits provided therefor. It is enough that the employment had contributed, even in a small degree, to the development of the disease and in bringing about his death.
Neither is it necessary, in order to recover compensation, that the seafarer must have been in perfect condition or health at the time he contracted the disease. Every workingman brings with him to his employment certain infirmities, and while the employer is not the insurer of the health of his seafarers, he takes them as he finds them and assumes the risk of liability. If the disease is the proximate cause of the seafarer’s death for which compensation is sought, the previous physical condition of the seafarer is unimportant and recovery may be had therefor independent of any pre-existing disease.
4) Post-employment medical examination of the seafarer by a company-designated physician within three days from arrival not a requisite for recovery of compensation and benefits relating to a seafarer’s death
Finally, the Court ruled that the insistence of the employer on the post-employment medical examination of the seafarer by a company-designated physician within three days from arrival at the point of hire was misplaced.
Said post-employment medical examination was required under Section 20 (B) (3) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract for compensation and benefits for a seafarer’s injury or illness; it was not a requisite under Section 20 (A) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract for compensation and benefits for a seafarer’s death.
In addition, Section 20 (B) (3) of the 1996 Philippine Overseas Employment Administration Standard Employment Contract itself allowed as an exception from said requirement a seafarer who is physically incapacitated from complying with the same.
The Court found that the seafarer in this case was already of poor health and weak physical condition upon his repatriation on 16 March 2003, which necessitated his immediate visit to a nearby clinic the very next day, on 17 March 2003.
In any event, the seafarer still had until 19 March 2003 to see a company-designated physician but he died on the same day of a cause (“Hypertensive Heart Disease”) directly linked to the illness (“Essential Hypertension”) he developed during his term of employment on M/T Umm Al Lulu and for which he was medically repatriated.
The Court reiterated the principle that the post-employment medical examination requirement is not absolute and admits of an exception, i.e., when the seaman is physically incapacitated from complying with the requirement.
For a man who was terminally ill and in need of urgent medical attention, one could not reasonably expect that he would immediately resort to and avail of the required medical examination, assuming that he was still capable of submitting himself to such examination at that time.
Under the circumstances, the seafarer’s surviving heirs cannot be denied their right to claim benefits under the law.
Further reading:
- C.F. Sharp Crew Management, Inc. v. Legal Heirs of Repiso, G.R. No. 190534, February 10, 2016.
Lawyer | Law Professor | Author
