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743 Phil. 371
SECOND DIVISION
[ G.R. No. 200566, September 17, 2014 ]
JEBSEN MARITIME INC., APEX MARITIME SHIP MANAGEMENT CO. LLC., AND/OR
ESTANISLAO SANTIAGO, PETITIONERS, VS. WILFREDO E. RAVENA, RESPONDENT.
DECISION
BRION, J.:
The present petition for review on certiorari[1] resolves the challenge to the November 11, 2011 decision[2]
and the February 9, 2012 resolution[3] of the Court of Appeals (CA) in CA-G.R. Sp No. 113331.
The CA reversed and set aside the June 30, 2009 decision[4] of the National Labor Relations Commission
(NLRC) in NLRC LAC No. (OFW-M) 07-000517-08 (NLRC NCR Case No. OFW-M 07-07815-07) which, in turn,
reversed the May 26, 2008 decision[5] of the Labor Arbiter (LA).
The LA granted in part the complaint filed by respondent Wilfredo E. Ravena for payment/reimbursement of
salary for the unexpired portion of the contract, disability benefits, sickwage allowance, medical expenses,
loss of earning capacity, damages and attorney's fees with legal interest.[6]
The Factual Antecedents
On September 6, 2006, Ravena entered into a ten-month contract of employment with petitioner Jebsen
Maritime Inc. and its principal, Apex Maritime Ship Management Co., LLC. (collectively, the petitioners).
Ravena was employed as 4th Engineer on board the vessel "M/V Tate J" with a basic monthly salary of
US$859.00, exclusive of other benefits.[7] Ravena's contract was covered by the TCCC/IMEC IBF Collective
Bargaining Agreement (CBA).[8] Prior to the September 6, 2006 contract, Ravena previously worked for the
petitioners from March 1, 2004 to August 11, 2006[9] in the same position.
Ravena subsequently submitted himself to the required pre-employment medical examination and was
declared "fit to work;" he boarded M/V Tate J on September 28, 2006.
Sometime in May 2007, and while on board M/V Tate J, Ravena suffered extreme abdominal discomfort and
pain, accompanied by chills, diarrhea, general feeling of weakness and muscle spasms. He was repatriated
to the Philippines on May 12, 2007. Upon arrival, Ravena went directly to his hometown in Iloilo.
On May 15, 2007, Ravena went to the St. Paul's Hospital in Iloilo City.
The doctors found a mass in his
ampullary area and he underwent a series of tests.[10]
On May 17, 2007, he informed the petitioners that he had to undergo Whipple surgery. Ravena and the
petitioners agreed that the former shall shoulder the medical expenses for the surgery, subject to
reimbursement by the latter. Ravena underwent the surgery on May 21, 2007;[11] he was subsequently
diagnosed to be suffering from adenocarcinoma or cancer of the ampullary area.[12]
On June 18, 2007, Ravena reported at Jebsen's office in Manila;[13] he was referred to Dr. Nicomedes
Cruz, a cancer surgeon and the company-designated physician. After examination and the review of
Ravena’s records and his illness, Dr. Cruz opined that Ravena's illness was not work-related.[14] The
petitioners denied Ravena's claim for disability benefits. On July 23, 2007, Ravena filed his complaint for
disability benefits with the LA.
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