LAMBERTO M. DE LEON v. MAUNLAD TRANS INC

LAMBERTO M. DE LEON, Petitioner, v. MAUNLAD TRANS, INC.
, SEACHEST
ASSOCIATES, ET AL., Respondent.
G.R. No. 215293 February 08, 2017
FACTS:
Petitioner was hired as a Team Headwaiter for M/S Carnival Liberty, a vessel operated
by Seachest Associates/Carnival Corporation, by respondent Maunlad Trans, Inc. under
a POEA-approved employment contract and assumed his duties for two years, averaging
ten to twelve hours of work per day. Petitioner was also appointed as a "fire watch" on
several occasions when the vessel was being repaired or dry-docked, exposing himself
to tremendous heat from welding operations and an unusual amount of hazardous vapors
from alcohol and thinner mixed with paint to be used after welding.
For three weeks while on board the ship, petitioner endured uncontrollable blinking,
shaking, aching, and breathing. As a result, he was referred to a neurologist in Belize and
had Magnetic Resonance Imaging (MRI) and a CT Scan performed. He was then
diagnosed with "cerebral atrophy" and told to consult a neurologist in Miami, Florida,
where the ship was heading. He was admitted to South Miami Hospital upon arrival in
Florida, but due to the seriousness of his illness, he was advised to be deported.
He reported to his agency when he arrived in the Philippines and was given the address
of Metropolitan Medical Services, Inc. for treatment. When his condition did not improve,
he sought treatment from Dr. May DonatoTan, a specialist in internal medicine-cardiology,
who diagnosed him with T/C Parkinson's Disease and hypertensive atherosclerotic
cardiovascular disease and declared him unfit for duty in any capacity as a seaman.
Respondents acknowledged that petitioner was diagnosed with Parkinson's Disease and
ent several medical treatments including blood count, Erythrocye Sedimentation Rate
(ESR), Blood Ureas Nitrogen (BUN), Serum Glutamic Pyruvate Transaminase (SGPT),
Creatinine, Serum Glutamic Oxaloacetic Transaminase (SGOT), Thyroid function test
(FT4), Thyroid Stimulating and Serum Ceruplasmine. After the filing of the complaint,
petitioner received the medical opinion of their company-designated physician stating the
following:
The specialist opines that condition can be secondary to genetics, immunologic or use of
anti-psychotics (non-work related) or heavy metal exposure. Unless patient has history of
heavy metal exposure on board, the specialist opines that the condition does not appear
to be work-related or work-aggravated. Thus, respondents refused to give petitioner full
compensability based on the above finding that the latter's illness is not work-related.
Following the denial of respondents' move for reconsideration, they filed a petition with
the CA under Rule 65 of the Rules of Court, which approved the petition and reversed
and set aside the NLRC's Decision on October 9, 2013.
ISSUE:
Whether or not the petitioner’s illness is not work related and is compensable for
permanent disability benefits.
RULING:
Yes.
For disability to be compensable under Section 20(B) (4) of the 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.
The POEA-SEC defines a work-related injury as "injury(ies) resulting in disability or death
arising out of and in the course of employment," and awork-related illness as "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 illnesses not
mentioned under Section 32, the POEA-SEC creates a disputable presumption in favor
of the seafarer that these illnesses are work-related.
Despite the presumption, we have decided that, on due process grounds, the claimant
seafarer must nonetheless prove, via sufficient evidence, that his working conditions
caused or exacerbated the likelihood of developing the disease. This is because
compensation payments cannot be based solely on allegations and presumptions. A fair

demonstration of work-connection is adequate to prove compensability for a non-
occupational condition; a direct causal relationship is not required. Thus, in compensation
actions, the test of proof is probability rather than final degree of certainty.
Parkinson's disease is a central nervous system degenerative condition. Motor
Parkinson's disease is caused by the loss of dopamine-degenerating cells in the
substantiate, a midbrain area; the origin of this cell death is unknown. The most noticeable
symptoms early in the course of the disease are movement-related, such as shaking,
rigidity, slowness of movement, and difficulties walking and gait. Later, cognitive and
behavioral issues, such as dementia, may appear; this is most typical in the advanced
stages of the disease.
It should be pointed out that, being a Team Waiter and a seaman, he was prone to
smoking and drinking to combat the chilly weather on the high seas. Furthermore,
because of the nature of his job, he cannot simply abandon his position and duties to
relieve himself. The emergence of an akinetic stiff condition is the most typical early
symptom of multiple system atrophy.
x x x Other common signs at onset include problems with balance (cerebellar ataxia) of
first presentation, followed by Genito-urinary problems (9%). For men, the first sign can
be erective dysfunction. Both men and women often experience problems with their
bladders including urgency, frequency, incomplete bladder emptying or an inability to
pass urine (reduction). About 1 in 5 MSA patients will suffer a fall in their first year of
disease.
By the very nature of his work, therefore, where there is incomplete bladder emptying or
inability to pass urine, has likewise contributed to complainant's present medical ailment.
As ruled in More Maritime Agencies, Inc. v. NLRC x x x it is not required that the
employment be the sole factor in the growth, development or acceleration of the illness
to entitle the claimant to the benefits provided therefore. It is enough that the employment
had contributed, even to a small degree, to the development of the disease and in bringing
about his death.
In conclusion, the complainant's work as Team Headwaiter cannot be ignored as a
contributory element, even to a minor degree, in the development of the complainant's
sickness. Indeed, the contributory factor of complainant's work was strengthened by the
fact that he had already experienced the disease's symptoms, such as difficulty speaking,
right hand tremor, frequent blinking, and shuffling gait, in a milder state during his
employment contract with respondents principal prior to his last employment contract with
them. He was later seen in Cozumel and Belize, where he was able to heal and complete
his contract. As a result, this Court upholds the compensability of petitioner's permanent
disability.

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LAMBERTO M. DE LEON, Petitioner, v. MAUNLAD TRANS, INC.

compensation payments cannot be based solely on allegations and presumptions. A fair

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