Olidana v. Jebsens Maritime

MENDOZA, J.:

This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the September 3, 2014 Decision1 and the November 10, 2014 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 130988, which modified the May 28, 2013 Award3 of the Panel of Voluntary Arbitrators (VA), involving a claim for permanent and total disability benefits by a seafarer. The Facts Petitioner Olimpio O. Olidana (Olidana) was employed by respondents Jebsens Maritime, Inc. (Jebsens) as chief cook since 2007 under different employment contracts. As chief cook, Olidana was tasked to provision the ship, prepare its meals, take care and control of the refrigerated stores, clean the gallery, and maintain an inventory of catering and provisions.

Employee's Position On March 22, 2011, Olidana again entered into an employment contract with Jebsens as chief cook of M/V Seoul Express for a duration of six (6) months. M/V Seoul Express was covered by the GIS Fleet Agreement Collective Bargaining Agreement (CBA) between the ITF London, Vereinte Dienstlestlungsgewerkschaft and Hapag Lloyd AG, represented by Jebsens. According to Olidana, sometime in September 2011, while he was cooking in the ship's kitchen, he accidentally bumped a kettle full of hot water injuring his left hand.

He reported the matter to the vessel's master, who simply advised him to buy an ointment. On October 8, 2011, while the vessel was docked at Ensanada, British Columbia, Olidana's medical condition manifested when he felt an acute pain and swelling on his left hand. He was brought to the clinic for a check up.

There, he was diagnosed to be suffering from Tendinitis on his left hand, but he was allowed to go back to duty. His condition, however, worsened as his left hand became swollen with numbness of the fingers. When the vessel docked at Yokohama, Japan, Olidana was brought to the nearest hospital for treatment where abscess of the left palm with infection of the whole hand was noted.

Incision and drainage of abscess under local anesthesia was done at the emergency room. He was then admitted to the hospital. He was discharged after a week and then repatriated to the Philippines on November 18, 2011.

Within three (3) working days from his arrival, Olidana reported to Jebsens and he was immediately referred to Shiphealth, Inc. for medical treatment. Olidana was placed under the care of Dr. Anna Pamella Lagrosa-Elbo (Dr. Elbo) and Dr. Maria Gracia K. Gutay (Dr. Gutay), the company-designated physicians. On March 27, 2012, the company-designated physicians issued two separate reports.

One report, titled "DISABILITY GRADING"4 (disability report), stated that: Mr. Olidana is a diagnosed case of Central Space Abscess, Palmar Aspect of Left Hand s/p Incision and Drainage (October 27, 2011, Japan) s/p 30 session of Physical Therapy. Based on POEA Contract of the HANDS, Section 32 No. 4, the closest classification that answers the condition of Mr. Olimpio Olidana is Loss of grasping power for small objects between the fold of the finger of one hand which is a GRADE 10. Conversely, the other report, titled "11th and FINAL SUMMARY MEDICAL REPORT"5 (final medical report), recapped Olidana's medical history, the clinical course undertaken, and provided the following diagnosis and recommendations: Diagnosis: Central Space Abscess, Palmar Aspect of Left Hand s/p Incision and Drainage (October 27, 2011, Japan) s/p 12 sessions of Physical Therapy s/p 10 sessions of Physical Therapy s/p 8 sessions of Physical Therapy Recommendations: