5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly FIRST DIVISION [ G.R. No. 227419, June 10, 2020 ] HENRY ESPIRITU PASTRANA, PETITIONER, VS. BAHIA SHIPPING SERVICES, CARNIVAL CRUISE LINES, NORTH SEA MARINE SERVICES CORPORATION, V. SHIP LEISURE, INC., ELIZABETH MOYA AND FERDINAND ESPINO, RESPONDENTS. DECISION CAGUIOA, J: Assailed in this Petition for Review on Certiorari (Petition) under Rule 45 of the Rules of Court are the Decision[1] dated May 5, 2016 and Resolution[2] dated September 5, 2016 of the Court of Appeals, Eighth Division (CA), in CA-G.R. SP No. 136109. Facts Petitioner Henry Espiritu Pastrana (Pastrana) entered into a Contract of Employment dated September 6, 2012 with respondent Bahia Shipping Services (BSS) as an Environmental Team Leader on board the vessel Carnival Fascination.[3] He received a basic monthly salary of $1,000.00 exclusive of overtime pay and other benefits.[4] Prior to his engagement, Pastrana underwent the required pre-employment medical examination and was declared fit to work.[5] Sometime in November 2012, while on board the vessel, Pastrana lifted a red bin full of food waste to free up space for other bins.[6] However, he miscalculated the weight of the bin and dropped it midway.[7] After said incident, Pastrana experienced lower back pain which radiated to his right buttock.[8] He visited the infirmary where he was injected with steroid and advised to take pain relievers.[9] However, he became alarmed of his condition when the pain extended from his right buttock down to his right leg, and it became difficult for him to get up from a sitting position.[10] On November 7, 2012, Pastrana went back to the infirmary to consult his worsening condition.[11] He was examined by Dr. Edward Dees who diagnosed him with sciatiform pain/plantar fasciitis and prescribed him medicines.[12] Despite the medication and physiotherapy, the pain persisted and even worsened.[13] Thus, on December 10, 2012, Pastrana was repatriated to the Philippines for medical treatment.[14] Two days after his repatriation, on December 12, 2012, Pastrana reported to the company-designated physician, Dr. Robert Lim (Dr. Lim), and underwent magnetic resonance imaging (MRI) scan of his lumbo sacral spine.[15] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66257 1/14

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