8/27/2020
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THIRD DIVISION
[ G.R. No. 225899, July 10, 2019 ]
JESSIE C. ESTEVA, PETITIONER, V. WILHELMSEN SMITH BELL
MANNING, INC. AND WILHELMSEN SHIP MANAGEMENT AND/OR
FAUSTO R. PREYSLER, JR., RESPONDENTS.
DECISION
LEONEN, J.:
When a company-designated physician fails to arrive at a final and definite assessment
of a seafarer's fitness to work or level of disability within the prescribed periods, a
presumption arises that the seafarer's disability is total and permanent.[1]
This Court resolves a Petition for Review on Certiorari[2] assailing the Court of Appeals
March 22, 2016 Decision[3] and July 19, 2016 Resolution[4] in CA-G.R. SP No. 137635.
The Court of Appeals found that Jessie C. Esteva (Esteva) was not entitled to the
payment of total and permanent disability benefits.
On January 26, 2012, Wilhelmsen Smith Bell Manning, Inc. (Smith Bell Manning), on
behalf of its principal, Wilhelmsen Ship Management, hired Esteva as a seafarer for
nine (9) months, with a basic monthly salary of US$675.00.[5]
Esteva was deployed on April 15, 2012.[6] He underwent the prescribed medical
examination and was pronounced fit to work. On April 16, 2012, he boarded the vessel
Ikan Bagang.[7]
Sometime in June 2012, while he was onboard the vessel, Esteva began to suffer
severe back pains. As the vessel arrived in China on June 20, 2012, he asked the
Indian Master to refer him to a physician because the back pains were getting worse.[8]
On June 24, 2012, Esteva went to a small clinic where he underwent x-ray and was
given oral and topical pain relievers.[9]
On October 5, 2012, while the vessel was at Richards Bay, South Africa, Esteva was
diagnosed by Dr. W. Watson (Dr. Watson) with lumbar disc prolapse. According to the
Injury/Illness Report, his condition required a specialist treatment and possible
operation. Dr. Watson declared Esteva to have a temporary total disability and unfit for
work. The physician further recommended that Esteva undergo immediate repatriation.
Wilhelmsen Ship Management also wrote a letter requesting that Esteva be examined
by the company-designated physician in the Philippines.[10]
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