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SECOND DIVISION
[ G.R. No. 227934, September 04, 2019 ]
JERRY BERING TALAUGON, PETITIONER, VS. BSM CREW SERVICE
CENTRE PHILS., INC., BERNARD* SCHULTE SHIPMANAGEMENT LTD.
AND DANILO MENDOZA, RESPONDENTS.
DECISION
LAZARO-JAVIER, J.:
The Case
This petition for review[1] seeks to set aside the following issuances of the Court of
Appeals in CA-G.R. SP No. 144155:
1. Decision[2] dated August 31,2016, finding petitioner entitled to partial permanent
disability benefits; and
2. Resolution[3] dated
reconsideration.
October
18,
2016,
denying
petitioner's
motion
for
The Antecedents
On October 17, 2014, petitioner Jerry Bering Talaugon sued respondents BSM Crew
Service Centre Phils., Inc., Bernard Schulte Shipmanagement Ltd., and Danilo Mendoza
for full disability benefits, damages, and attorney's fees.
Petitioner's Version
Respondents employed him as an oiler on board M/T Erika Schulte. His duties included
maintaining the engine's machinery, sewage, lighting, and air-conditioning. During his
employment, he felt dizzy and nauseous. His lower abdomen was painful. He got
hospitalized in Saudi Arabia and diagnosed with "Renal Colic Lumbago post Zoster
Neuralgia." He was given pain medications and advised to be repatriated for further
treatment.[4]
On January 18, 2014, he returned to the country and thereafter consulted with
company-designated physician Dr. Richard Olalia. The latter diagnosed him with
"Hyperthesia, Ruled out Hansen's Disease, L4-L5 Disc Protrusion, Disc Dessication" and
advised therefor physical therapy.[5]
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