The case of Solito Amores, Jr. vs. Gold Route Maritime, Inc. (G.R. No. 254186, April 17, 2024)
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AT A GLANCE:
It is crucial to note that the petitioner’s repatriation was not due to medical reasons but was part of a group transfer to another vessel. Upon his return to the Philippines, the respondent informed him of plans to transfer him to another vessel to fulfill his contract, indicating that his disembarkation was not medically motivated.
Solito C. Amores, Jr. signed an employment contract with Goldroute Maritime, Inc. for Kyowa Kisen Co. Ltd. on March 28, 2015, to work as an oiler aboard the vessel “Kanoura” for nine months. He passed the mandatory pre-employment medical examination (PEME) and was declared fit for sea duty. However, in October 2015, he experienced chest pains and shortness of breath. Before he could inform the ship’s Captain, he was informed of his repatriation due to the company’s directive. Alongside two other seafarers, he was sent back to the Philippines on October 18, 2015.
Medical tests later diagnosed him with Hypertension, Controlled, T/C Ischemic Heart for Work-Up and Possible Angiography, rendering him unfit for sea duty. On January 8, 2016, after unsuccessful attempts to resolve the issue with Goldroute Maritime, Inc., Amores filed for arbitration with the Regional Conciliation and Mediation Board-National Capital Region (RCMBNCR) of the Department of Labor and Employment. He argues that his work-related illness entitles him to full disability benefits, sickness allowance, moral and exemplary damages, and attorney’s fees.
The issue to be resolved here is whether Amores is entitled to total and permanent disability benefits to which the Supreme Court ruled in the negative.
The petitioner argues that the respondent’s failure to conduct the mandatory post-employment examination entitles him to total and permanent disability benefits automatically. However, the respondent disputes this claim, asserting that the petitioner did not promptly report his medical condition upon repatriation and did not request a post-employment examination from the company-designated physician.
It is crucial to note that the petitioner’s repatriation was not due to medical reasons but was part of a group transfer to another vessel. Upon his return to the Philippines, the respondent informed him of plans to transfer him to another vessel to fulfill his contract, indicating that his disembarkation was not medically motivated.
The court concurs with the Court of Appeals that the petitioner’s claim for total and permanent disability benefits was premature due to the lack of a definitive medical diagnosis and substantial evidence supporting his case. Without sufficient proof that he was repatriated for medical reasons and actively sought a post-employment examination, the petitioner’s entitlement to disability benefits cannot be upheld.
In conclusion, the petitioner’s failure to substantiate his claim with concrete evidence precludes him from receiving total and permanent disability benefits. The court emphasizes that justice must be based on established facts, applicable law, and existing legal precedents, ensuring fairness to both parties involved.
Source:
Solito Amores, Jr. vs. Gold Route Maritime, Inc. (G.R. No. 254186, April 17, 2024)
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