8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly 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] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65396 1/20

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