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686 Phil. 255
THIRD DIVISION
[ G.R. No. 194677, April 18, 2012 ]
ALEN H. SANTIAGO, PETITIONER, VS. PACBASIN
SHIPMANAGEMENT, INC. AND/OR MAJESTIC CARRIERS, INC.,
RESPONDENTS.
DECISION
MENDOZA, J.:
This is a petition for review under Rule 45 of the Rules of Court assailing the February
11, 2010 Decision[1] of the Court of Appeals (CA), in CA-G.R. SP. No. 108035, which
affirmed the April 25, 2008 Decision[2] of the National Labor Relations Commission
(NLRC). The NLRC affirmed with modification the December 29, 2006 Decision[3] of the
Labor Arbiter (LA) in NLRC OFW Case No. (M) 06-01-00057-00, entitled “Alen H.
Santiago v. Pacbasin ShipManagement, Inc./Esteban Salonga/Majestic Carriers, Inc.”
The Factual and Procedural Antecedents
Petitioner Alen H. Santiago (Santiago) entered into a contract of employment[4] with
respondent Pacbasin ShipManagement, Inc. (Pacbasin), the local manning agent of its
foreign principal, Majestic Carriers, Inc. Under said contract, Santiago shall work as a
“riding crew cleaner” with a monthly salary of US$162.00 for two months.
On February 2, 2005, Santiago boarded the vessel M/T Grand Explorer. During his stint,
he figured in an accident. On March 9, 2005, he was accidentally hit by two falling
scaffolding pipes while performing a task, and his head, neck and shoulder were
injured. He was rushed to Rashid Hospital in Dubai where he underwent a series of
examination and treatment. Despite the treatment he received, his condition did not
improve. He continued to have headaches with severe pain in his nape and shoulder.
For this reason, it was advised that he be repatriated to the Philippines.
On March 17, 2005, two days after his repatriation, Santiago was referred to the
company-designated doctor, Dr. Robert Lim (Dr. Lim) of the Marine Medical Services at
the Metropolitan Medical Center, to undergo some tests. He underwent cervical spine
and skull x-ray. His neck injury was diagnosed to be a contusion, nape area and left,
C5, C6, C7 radiculopathy, mild sensorineural hearing loss, bilateral probably secondary
to cochlear concussion. On April 8, 2005, he was referred to a neurologist and
EMG/NCV was conducted. On August 13, 2005, after several sessions of treatment and
evaluation from March 17, 2005 to July 2005, Dr. Lim, in coordination with the clinic’s
orthopedic surgeon and EENT specialists, pronounced that his hearing problem was
cured and gave him a disability assessment of “Grade 12.”
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