4/29/2020
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Be tore the expiry of his 10-month contract or specifically on February 19, 2006,
Inocencio was, however, repatriated for medical reasons. On board M/V Invicta he fell
ill and experienced fever, sore throat and pain in his right car. The ship docked on
February 3, 2006 at Port Louis, Mauritius. The day after, on February 4, 2006, he
underwent medical examination with the finding of "chronic suppurative otitis media
right [CSOM(R)] with acute pharyngitis[, with] mild maxillary sinusitis," for which he
was prescribed antibiotics and ear drops with the recommendation of a follow-up
examination of the CSOM(R).[6] Subsequently on February 16, 2006, he underwent a
follow-up examination on his illness in Tanjung Priok, Indonesia, and consequently, his
eventual repatriation on February 19, 2006 for further evaluation and treatment.
Inocencio immediately reported to the company-designated doctor. Dr. Nicomedes G.
Cruz (Dr. Cruz) of the NGC Medical Clinic in Manila, tor diagnosis and treatment. On
May 10, 2006, he underwent tonsillectomy but was later found by a histopathology
report to be suffering from cancer of the right tonsil. The final histopathologic diagnosis
reports: "undifferentiated carcinoma, right tonsil; and chronic tollicular tonsillitis with
actinomycosis, left tonsil."[7] Dr. Cruz then advised Inocencio to undergo chemotherapy
and linear treatment at an estimated cost of PhP 500,000, which Transocean and
General Marine promised to shoulder. Inocencio started with the procedure but could
not continue due to the failure of Transocean and General Marine to provide the
necessary amount. This constrained Inoncencio to tile, on July 17, 2006, a Complaint[8]
before the Labor Arbiter for, among others, total permanent disability benefits and
sickness allowance, docketed as NLRC NCR OFW Case No. (M) 06-97-02117-00.
Decision of the Labor Arbiter
On August 10, 2007, the Labor Arbiter rendered a Decision, awarding Inocencio USD
60,000 as permanent total disability benefits plus 10% attorney's fees while dismissing
all other claims, the decretal portion reading:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents Transocean Ship Management Phils. and General Marine
Services Corporation to jointly and severally pay the complainant his
disability compensation in the amount of US$60,000.00 in its peso
equivalent at the time of actual payment, plus l 0% thereof by way of
attorney's fees.
All other claims are dismissed for lack of merit.
SO ORDERED.[9]
The Labor Arbiter, applying Section 20 of the POEA-SEC, decreed Inocencio's tonsil
cancer to be presumptively work-related, since it has not been proved otherwise and
which lasted for more than 120 days. The Labor Arbiter likewise found Transocean and
General Marine to have reneged on their promise to shoulder the medical procedures
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55782
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