6/7/2020
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In Cabuyoc v. Inter-Orient Navigation Shipmanagernent, Inc.,[53] the Court declared
that work-connected mental illnesses or disorders are compensable, thus:
As to the basic issue raised herein, the CA confined the resolution of the
dispute to the enumerated list of injuries under the category 'HEAD' per
Appendix 1 of the old POEA Standard Employment Contract, and ruled that
only those injuries that are 'traumatic' shall be considered compensable. The
CA ratiocinated that '[B]ecause the enumeration of head injuries listed under
the category of HEAD includes only those mental conditions or illnesses
caused by external or physical force,' it follows that mental disorders which
are not the direct consequence or effect of such external or physical force
were not intended by law to be compensable. And while the CA gives judicial
emphasis to the word 'traumatic,' it did not bother to explain why
petitioner's illness, classified as schizophrenia, should not be considered
'traumatic' and compensable. x x x
xxxx
As it were, Hie foregoing observation of tlie appellate court contradicts both
the ruling of the Labor Arbiter and the NLRC. In its decision, the labor
arbiter states:
[Petitioner's] disability is total and permanent. He worked with
respondent INC in another vessel to finish his contract.
Respondent INC was satisfied with [petitioner's] efficiency and
hard work that when the very first opportunity where a vacancy
occur[red, petitioner] was immediately called to [join] the vessel
MV Olandia.
Barely two and a half months after joining MV Olandia, the
misery and mental torture he suffered totally disabled him. The
supporting medical certification issued by a government
physician/hospital and by another expert in the field of
psychiatry, respectively find him suffering from psychosis and
schizophrenia which under tlie OWWA impediment classification
falls under Grade I-A (Annex C/ Complaint). Under the POEA
Revised Standard Employment Contract, the employment of all
Filipino Seamen on board ocean-going vessel, particularly
appendix 1-A, Schedule of Disability Allowances, Impediment
Grade 1, tlie disability allowance is maximum rate multiplied by
120%
The above findings of the Labor Arbiter were seconded by the NLRC in this
wise:
Likewise bereft of scant consideration is Respondents' argument
that psychosis or schizophrenia is not compensable, claiming that
such mental disorder does not result from traumatic head injury
which contemplates accidents involving physical or head contacts.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469
23/31
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