6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 622 Phil. 832 FIRST DIVISION [ G.R. No. 183908, December 04, 2009 ] JOELSON O. ILORETA, PETITIONER, VS. PHILIPPINE TRANSMARINE CARRIERS, INC. AND NORBULK SHIPPING U.K., LTD., RESPONDENTS. DECISION CARPIO MORALES, J.: Joelson O. Iloreta (petitioner) was on February 22, 2002 hired by Philippine Transmarine Carriers, Inc. and Norbulk Shipping U.K., Ltd. (respondents) as Able Seaman on board the vessel M/S Nautilus for a period of nine months with a basic monthly salary of US$558 exclusive of overtime pay and other benefits. He was a member of the Associated Marine Officer and Seaman's Union of the Philippines which had a Collective Bargaining Agreement (CBA) with respondents. On July 12, 2002, while pushing drums full of caustic soda, petitioner complained of chest pains. He later noticed that whenever he exerted physical effort, the pains persisted. When the vessel was docked at the port of Santos, Brazil on August 2, 2002, he was referred to the Centro Medico Internacional and was diagnosed by Dr. Heraldo de Carvalho to be suffering from "Angina pectoris; Arterial hypertension" which he described as "a serious heart disease, involving life risk." On the doctor's recommendation, petitioner was repatriated to the Philippines on August 16, 2002, with medical escort, to undergo further "heart investigation (cinecoronarioangiography) and surgery if necessary."[1] Petitioner was confined on August 18, 2002 at St. Luke's Medical Center under the care of respondents' company-designated physician Natalio G. Alegre (Dr. Alegre). He underwent "coronary angiography" and "coronary angioplasty" on August 24, 2002 and September 16, 2002, respectively,[2] the expenses for which, as well as his sickness allowance for 120 days, were paid by respondents.[3] After undergoing post-surgical check-ups, petitioner was on December 17, 2002 cleared by Dr. Alegre "to return to former work as a seaman with maintenance medications of Plavix 75 mg, and Lipitor 10 mg" and in was fact issued a confirmatory certification declaring him "Fit to resume former work."[4] His chest pains and dizziness during physical exertion having persisted, petitioner sought a second opinion from an independent cardiologist, Dr. Efren R. Vicaldo (Dr. Vicaldo) of the Philippine Heart Center who, on April 22, 2003, diagnosed him to be elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51050 1/10

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