Case Digest: Austria vs. CRYSTAL SHIPPING, INC, et al

G.R. No. 206256

ALBERT C. AUSTRIA, vs. CRYSTAL SHIPPING, INC., and/or LARVIK SHIPPING A/S, and EMILY MYLA A. CRISOSTOMO

Petitioner Austria was employed by Larvik shipping A/S, a manning agent in the Philippines of a foreign corporation Crystal Shipping Inc. (Respondents). Austria was subjected to Pre-employment Medical Examination and was certified “fit to work” by the company designated physician

Austria suffered several times from chronic cough, excessive phlegm and difficulty breathing during his employment but was certified "fit to work" every time until he was repatriated back to the Philippines for further medical examination and was found "unfit for sea duty". Austria claimed against respondent payment for permanent disability benefits after he was diagnosed with “Dilated Cardiomyopathy, Bicuspid Stenosis” which rendered him totally unfit for any sea duty, arguing that the same is work-related illness. Respondents claim otherwise, contending that “Dilated Cardiomyopathy, Bicuspid Stenosis” is a congenital in nature and was not caused or aggravated by his work as Chief cook.

Labor Arbiter: Austria Won.

NLRC: Affirmed LA’s decision with modification (deleted moral and exemplary damages)

CA: reversed NLRC. Respondents won.

ISSUE:  Whether or not Austria is entitled to permanent total disability benefits.

RULING:

Yes. Austria is entitled to permanent total disability benefits for his work-related illness, aggravated by his work conditions.

Austria was able to prove by substantial evidence (or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion) that his condition was aggravated by his working condition.

As chief Cook, Austria constantly exposed himself to heat, which such steady and prolonged exposure could cause exhaustion and unduly burden his heart.

Dilated cardiomyopathy is the most common congenital heart disease. However, being congenital in nature does not automatically make the illness uncompensable if the working conditions of a worker aggravated his heart condition. The degree of aggravation does not likewise matter.

Every workman brings with him to his employment certain infirmities, and while the employer is not the insurer of the health of his employees, he takes them as he finds them, and assumes the risk of having the weakened condition aggravated by some injury which might not hurt or bother a perfectly normal, healthy person.

DEFINITION

Under Section 20 (B) of the 2000 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.

“Work-related injury” means injury resulting in disability or death arising out of an in the course of employment.

“Work-related illness means any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied."

For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:

1. The seafarer's work must involve the risks described herein;

2. The disease was contracted as a result of the seafarer's exposure to the describe[d] risks;

3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; [and]

4. There was no notorious negligence on the part of the seafarer.

Categories: Austria vs. Crystal, Case Digest: Austria vs. CRYSTAL SHIPPING, G.R. No. 206256, Inc, Labor, occupational disease, substantial evidence, Work related illness, work related injury