6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
arriving at its Decision.
We find the petition partly meritorious and rule that respondent is entitled to
US$60,000 as permanent and total disability benefits in accordance with the 1996
POEA-SEC. We disagree with the CA that respondent is entitled to the higher amount
of US$125,000 under the CBA. The award of attorney’s fees is also proper.
The parties agreed in their May 22, 2000 employment contract that they will comply
with the 1996 POEA-SEC. Hence, we will apply the 1996 POEA-SEC and not the 2000
POEA-SEC which initially took effect on June 25, 2000 but whose implementation was
suspended until the suspension was lifted on June 5, 2002.[16]
Under the 1996 POEA-SEC, respondent only needed to prove that his illness was
acquired during the term of his employment to support his claim for disability benefits.
Section 20 of the 1996 POEA-SEC reads:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers injury or illness
during the term of his contract are as follows:
xxxx
We have ruled that under the 1996 POEA-SEC, it is enough that the seafarer proves
that his or her injury or illness was acquired during the term of employment to support
a claim for disability benefits.[17]
Here, it is not disputed that respondent became ill when the Rio Grande was in
Singapore on November 1, 2000 or during the term of his 10-month employment
contract signed on May 22, 2000. The initial diagnosis at the Gleneagles Maritime
Medical Center that respondent has acute psychosis confirmed the observation of the
Rio Grande’s Master that respondent was confused when he showed up at the
crewmess on November 1, 2000. Respondent’s claim for disability benefits thus finds
support from established facts.
The Labor Arbiter was therefore correct that
respondent suffered a psychotic disorder during the term of his employment contract.
We also note that respondent was not ill when he was hired by petitioners, as he
passed the pre-employment medical examination. The CA also noted the Labor
Arbiter’s finding that respondent passed another medical and mental examination in
Germany which proved that he was fit for sea duty.[18]
We disagree with petitioners that respondent is not entitled to disability benefits
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58968
5/9