DISPOSITIVE:

“ACCORDINGLY, the petition is GRANTED. The Decision dated November 29, 2019 and Resolution dated March 3, 2020 of the Court of Appeals in CA-G.R. SP No. 154289 are REVERSED and SET ASIDE. Respondents Dohle Seafront Crewing Manila, Inc., and Dohle (IOM) Limited are held jointly and severally liable to petitioner Jolly R. Carandan for the following amounts:

1. US$60,000.00 or its Philippine Peso equivalent at the time of payment as total and permanent disability rating in accordance with the 20 IO Philippine Overseas Employment Administration Standard Employment Contract;

2. Ten percent (10%) of the total monetary award as attorney’s fees; and

3. Six percent (6%) interest per annum of the total monetary award from the :finality of this Decision until fully paid.53

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER WAS CLAIMING FOR TOTAL AND PERMANENT DISABILITY BENEFITS DUE TO CARDIOVASCULAR DISEASE. RESPONDENT ARGUED THAT UNDER THEIR CBA HE CAN ONLY CLAIM TOTAL AND PERMANENT DISAPLITY BENEFITS IF THE CAUSE IS AN ACCIDENT AND THERE WAS NO ACCIDENT. SUPREME COURT SAID PETITIONER CAN CLAIM NOT UNDER CBA BUT UNDER THE POEA-STANDARD EMPLOYMENT CONTRACT (POEA-SEC).

As in Illescas, petitioner’s cardiovascular disease cannot be said to have been an event which under the circumstances is unusual and unexpected by the person to whom it happens. Heart ailment may be expected from someone who is often exposed in hard manual labor like petitioner.

In any event, although the provisions of the CBA are not applicable here, petitioner is still entitled to total and permanent disability benefits under the 2010 POEA-SEC. In Julleza v. Orient Line Philippines, Inc. , 52 the Court held that Julleza’s lumbar spondylosis did not result from an accident, he cannot claim total and permanent disability benefits under the CBA provisions, but under the POEA-SEC. As discussed, cardiovascular disease is specifically listed as a compensable disease under Section 32-A of the 2010 POEA-SEC. Hence, petitioner is entitled to the benefits granted under the 2010 POEA-SEC.

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