In its ruling, the Supreme Court pointed out that a preexisting illness, which was an ear ailment in the case of Mutia, referred to a “continuing illness or condition” diagnosed during the pre-employment medical exam.
When the “concealed illness” is not connected to a work-related injury or illness, the worker must be able to claim disability benefits, the high court said. The company stopped shouldering the cost of Mutia’s medical bills after nearly three months of medical treatment. The results of his magnetic resonance imaging scan were also never released to Mutia.On July 9, 2014, Mutia filed a complaint in the NLRC for permanent total disability benefits, moral and exemplary damages and attorney’s fees against C.F. Sharp and NCL after he became “incapacitated” for more than 120 days.
In October 2015, the NLRC’s labor arbiter granted Mutia’s claim for disability benefits and attorney’s fees but junked the moral and exemplary damages. The high court cited the SEC for seafarers crafted by the POEA, forerunner of the Department of Migrant Workers, in laying down the three conditions before an employer was freed from liability for a seafarer’s injury or illness.
“In the absence of these conditions, the employers remain liable for work-related injury or illness consistent with their duties to provide a seaworthy ship and to take precautions to avoid the seafarer’s accident,” the Supreme Court said.