6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 758 Phil. 540 SECOND DIVISION [ G.R. No. 207328, April 20, 2015 ] WILHELMSEN-SMITH BELL MANNING/WILHELMSEN SHIP MANAGEMENT, LTD./ FAUSTO R. PREYSLER, JR., PETITIONERS, VS. ALLAN SUAREZ, RESPONDENT. DECISION BRION, J.: We resolve the present petition for review on certiorari,[1] assailing the March 15, 2013 decision[2] and May 27, 2013 resolution[3] of the Court of Appeals in CA-G.R. SP No. 127295. The Antecedents The case arose from the complaint for permanent total disability benefits, damages and attorney's fees, filed by respondent Allan Suarez against petitioners WilhelmsenSmith Bell Manning, Inc., (agency), its responsible officer, Fausto R. Preysler, Jr., and its principal, Wilhelmsen Ship Management, Ltd. Suarez alleged that he has been continuously hired by the petitioners for five years as ordinary seaman and has always been assigned to a car ship. His last contract,[4] approved by the Philippine Overseas Employment Administration (POEA) on May 20, 2010, was for nine months. His employment was also covered by a Model Collective Bargaining Agreement (CBA) of the Associated Marine Officers and Seamen's Union of the Philippines (AMOSUP).[5] After his pre-employment medical examination, he boarded the vessel Toreador on May 26, 2010. Sometime in December 2010, while securing chain lashing heavy equipment on board the vessel, Suarez suffered severe back pain which radiated to his right abdomen. He was brought to a medical clinic in Rotterdam, Germany, where he was diagnosed with Right Pelvoureteric Junction Obstruction. His attending physician declared him unfit to work. Suarez was medically repatriated and disembarked from the vessel on December 23, 2010. He immediately reported to the agency and was referred to its accredited physician at the Metropolitan Medical Center (MMC), Dr. Karen Frances Hao-Quan. Dr. Hao-Quan initially diagnosed him with "ureteropelvic junction obstruction" (UJO). On December 30, 2010, he underwent a CT scan of the urography and was continuously treated as an out-patient. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60072 1/11

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