5/19/2021
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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]
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