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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
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