5/19/2021
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FIRST DIVISION
[ G.R. No. 241674, June 10, 2020 ]
ZALDY C. RAZONABLE, PETITIONER, VS. MAERSK-FILIPINAS
CREWING, INC. AND/OR A.P. MOLLER A/S, RESPONDENTS.
DECISION
CAGUIOA, J:
This is a petition for review on certiorari[1] (Petition) under Rule 45 of the Rules of
Court seeking the reversal of the Decision[2] and Resolution[3] of the Court of Appeals
(CA) dated May 4, 2018 and August 20, 2018, respectively, in CA-G.R. SP No. 148086.
Facts
Respondents Maersk-Filipinas Crewing, Inc. (Maersk) and A.P. Moller A/S (A.P. Moller)
are corporations involved in the maritime industry, with Maersk acting as the manning
agency of the shipper, A.P. Moller.[4]
On
March
24,
2015,
Zaldy
C.
Razonable
(Razonable)
signed
a
Contract
of
Employment[5] with A.P. Moller through Maersk to work as an Ordinary Seaman on
board the vessel MN Maren Maersk.[6] His employment for the said vessel, covered by
the Associated Marine Officers' and Seamen's Union of the Philippines PTGWO-ITF
(AMOSUP-PTGWO-ITF) and Danish Shipowners' Association (DSA) Collective Bargaining
Agreement (CBA), was for a duration of six (6) months with a basic monthly salary of
US$450.00.[7]
On May 6, 2015, after Razonable suddenly felt a click on his back accompanied by mild
to moderate pain while carrying a heavy ripper motor aboard the vessel, he was given
first aid and was confined to his cabin.[8]
On June 11, 2015, he was brought to a hospital where he was diagnosed with "Prolapse
Lumbar Disc L4-L5 and L5-S1, back pain with Sciatica". The foreign doctor also
reported that Razonable needed further treatment, might need surgery if there was no
improvement, and should be advised light duty.[9]
After Razonable's repatriation on June 17, 2015 and upon his arrival in Manila, he was
placed in the care of company-designated physicians at respondents' accredited
medical facility, Marine Medical Services, where he was given a full physical
examination.[10] Razonable was also referred to a company-designated orthopedic
surgeon, Dr. Rodolfo P. Bergonio (Dr. Bergonio), among others.[11]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66276
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