In Maersk Filipinas Crewing Inc. v. Mesina, the Supreme Court affirmed the right of a seafarer suffering from psoriasis to receive disability benefits, emphasizing the need for a liberal interpretation of the POEA-SEC in favor of seafarers. The Court underscored that even illnesses not explicitly listed as work-related can be compensable if substantial evidence suggests a connection between the working conditions and the onset or aggravation of the disease. This decision highlights the importance of considering a seafarer’s exposure to environmental factors and stress in determining the compensability of illnesses, ensuring that seafarers are adequately protected and compensated for health issues arising from their employment. Ultimately, this ruling serves as a reminder of the judiciary’s commitment to safeguarding the welfare of Filipino seafarers.

Navigating the Itch: When a Seafarer’s Skin Condition Leads to a Disability Claim

Nelson Mesina, a steward employed by Maersk Filipinas Crewing Inc., began experiencing severe itchiness and skin spots while working on the vessel “Sealand Innovator.” Upon medical repatriation, he was diagnosed with psoriasis. The company-designated physician declared the condition non-work-related, discontinuing his benefits. This determination prompted Mesina to seek an independent medical opinion, leading to conflicting diagnoses and a legal battle over his entitlement to disability benefits. The central legal question was whether Mesina’s psoriasis was work-related and, therefore, compensable under the POEA-SEC, considering the circumstances of his employment and the conflicting medical opinions.

Under Section 20.1.4.1 of the AMOSUP/IMEC-CBA, a seafarer is entitled to compensation for permanent disability resulting from a work-related illness. The POEA-SEC defines a “work-related illness” as any sickness resulting in disability or death from an occupational disease listed under Section 32-A of the contract. However, the Supreme Court has clarified that this list is not exhaustive. Illnesses not listed are disputably presumed as work-related, placing the burden on the claimant to provide substantial evidence of a causal connection between their work and the illness. Substantial evidence means relevant evidence that a reasonable mind might accept as adequate to justify the conclusion.

The resolution of disability claims often hinges on the diagnosis of the company-designated physician. However, seafarers have the right to seek a second opinion. When conflicting medical findings arise, the POEA-SEC allows for a third, jointly agreed upon doctor whose assessment is final and binding. While failure to consult a third doctor doesn’t automatically validate the company doctor’s diagnosis, the labor tribunals must evaluate the findings of the seafarer’s chosen physician.

The court carefully weighed the conflicting medical certifications from the company-designated physician, Dr. Alegre, and Mesina’s physician, Dr. Fugoso. Dr. Alegre concluded that Mesina’s psoriasis was not work-related solely based on its absence from the POEA-SEC’s list of compensable diseases. Dr. Fugoso, a dermatologist, identified stress as a potential trigger for Mesina’s condition. Given Dr. Fugoso’s specialization and her consideration of potential triggers in Mesina’s working environment, the Court afforded greater weight to her certification. This approach aligns with the principle that doubts should be resolved in favor of the seafarer.

SECTION 20. COMPENSATION AND BENEFITS

(B) COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS

x x x x

3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days.

The Court considered the working conditions of a steward which involved exposure to strong detergents, fabric conditioners, soaps, and chemicals. It also acknowledged the stressful environment inherent in seafaring. These factors, combined with Dr. Fugoso’s certification, established a reasonable connection between Mesina’s work and the onset of his psoriasis. Even without a definitive medical finding, the Court considered that Mesina’s condition rendered him unable to work for more than 120 days, meeting the criteria for permanent total disability, as defined in Fil-Star Maritime Corporation v. Rosete:

Permanent disability is inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body.

Given the visible and chronic nature of psoriasis, its lack of a long-term cure, and its potential association with cardiovascular diseases and certain cancers, the Court recognized the impact on Mesina’s employability. As such, it deemed his permanent disability effectively total, entitling him to the corresponding benefits. In this regard, the Supreme Court upheld the decision of the Court of Appeals, thereby reinstating the Labor Arbiter’s award of disability benefits and attorney’s fees to Mesina. This decision underscores the judiciary’s commitment to protecting the rights and welfare of Filipino seafarers, particularly in cases involving illnesses that may not be explicitly listed as work-related but are plausibly linked to their working conditions.

FAQs

What was the key issue in this case?	The key issue was whether the seafarer’s psoriasis was work-related, entitling him to disability benefits under the POEA-SEC, despite the company-designated physician’s assessment that it was not. The Court also considered whether the seafarer suffered permanent total disability as a result of his condition.
What is the POEA-SEC?	The Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) is a standard employment contract that governs the terms and conditions of employment for Filipino seafarers on board ocean-going vessels. It outlines the rights and obligations of both the seafarer and the employer, including provisions for compensation and benefits in case of injury or illness.
What constitutes a work-related illness under the POEA-SEC?	Under the POEA-SEC, a work-related illness is any sickness resulting in disability or death as a result of an occupational disease listed under Section 32-A of the contract. However, illnesses not listed are disputably presumed as work-related if there’s substantial evidence of a causal connection between the work and the illness.
What evidence is needed to prove a work-related illness?	To prove a work-related illness, a seafarer must present substantial evidence showing that their working conditions caused or increased the risk of contracting the disease. This evidence may include medical records, expert opinions, and testimonies about the nature of their work.
What happens when there are conflicting medical opinions?	When there are conflicting medical opinions between the company-designated physician and the seafarer’s chosen physician, the POEA-SEC allows for a third, jointly agreed-upon doctor to provide a final and binding assessment. However, the labor tribunals must still evaluate the findings of the seafarer’s physician.
What is permanent total disability?	Permanent total disability is the inability of a worker to perform their job for more than 120 days, regardless of whether they lose the use of any part of their body. It means the disablement of an employee to earn wages in the same kind of work or any kind of work which a person of their mentality and attainments could do.
What factors did the court consider in this case?	The court considered the seafarer’s working conditions, including exposure to strong detergents and chemicals, as well as the stressful environment of seafaring. It also considered the conflicting medical certifications and gave greater weight to the dermatologist’s opinion.
What is the significance of this ruling?	This ruling reinforces the importance of a liberal interpretation of the POEA-SEC in favor of seafarers, especially in cases involving illnesses that may not be explicitly listed as work-related. It emphasizes the need to consider the totality of the circumstances and the seafarer’s working conditions in determining compensability.

The Maersk Filipinas Crewing Inc. v. Mesina case clarifies the standards for determining work-relatedness in seafarer disability claims, particularly when dealing with illnesses not explicitly listed in the POEA-SEC. It underscores the judiciary’s commitment to protecting seafarers’ rights by considering their working conditions and ensuring that their claims are assessed fairly and liberally. By favoring Dr. Fugoso’s opinion over Dr. Alegre’s, it stresses that even if a doctor is company-designated they should be taking into consideration all possibilities of the work environment being a factor for the medical condition of their patient. As well, as taking into consideration the doctor’s field of expertise.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Maersk Filipinas Crewing Inc. v. Mesina, G.R. No. 200837, June 05, 2013