4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 702 Phil. 717 FIRST DIVISION [ G.R. No. 198501, January 30, 2013 ] KESTREL SHIPPING CO., INC./ CAPT. AMADOR P. SERVILLON AND ATLANTIC MANNING LTD., PETITIONERS, VS. FRANCISCO D. MUNAR, RESPONDENT. DECISION REYES, J.: This is a petition for review on certiorari assailing the Decision[1] dated January 28, 2011 and Resolution[2] dated September 6, 2011 of the Court of Appeals (CA) in CAG.R. SP No. 110878. The facts leading to the filing of this petition are undisputed. On March 23, 2006, petitioner Kestrel Shipping, Inc. (Kestrel), on behalf of its principal, petitioner Atlantic Manning, Ltd., and respondent Francisco Munar (Munar) forged a six (6)-month employment contract designating Munar as pump man for M/V Southern Unity. As pump man, his duties include: (a) operating, maintaining and repairing power-driven pumps, valves and related machinery; (b) transferring materials to and from vessels and terminal storages; (c) transferring liquids by siphoning; (d) installing hoses and pipes between pumps and containers that require filling or emptying; (e) maintenance of pump rooms and similar spaces; (f) assisting in the cleaning of tanks, crude oil washing, gas inerting, purging of tanks and wage sampling of cargo; (g) checking and recording cargo temperature; and (h) operating tank heating equipment. [3] On October 12, 2006, after Munar assisted in manually lifting the ship’s anchor windlass motor that weighs about 350 kilograms, he started to limp and experience severe pain in his lumbar region. On October 18, 2006, Munar was admitted at the Entabeni Hospital in Durban, South Africa. According to his attending physician, Dr. Soma T. Govender (Dr. Govender), the x-ray and magnetic resonant image (MRI) of Munar’s lumbar spine showed degenerative changes, which required him to take pain medication, use pelvic traction, and undergo physiotherapy. In his medical report4 dated October 19, 2006, Dr. Govender stated that: I arranged for him to have lumbar spine x-rays and this showed that he had degenerative changes especially of the lower lumbar spine in the L3/4 and L5/S1 region with degenerative changes noted bilaterally. I proceeded to do a MRI of the lumbar spine to exclude an acute prolapsed disc and this confirmed degenerative changes of the lumbar spine extending from the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508 1/16

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