1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 220904, September 25, 2019 ] JEBSENS MARITIME, INC. AND HAPAG-LLOYD AKTIENGESELLSCHAFT, PETITIONERS, VS. RUPERTO S. PASAMBA, RESPONDENT. DECISION REYES, J. JR., J.: This is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court, assailing the Decision[2] dated December 17, 2014 and Resolution[3] dated September 30, 2015 of the Court of Appeals (CA) in CA-G.R.SP No. 134720. The Facts On November 19, 2009, for and on behalf of its foreign principal, Hapag-Lloyd Aktiengesellschaft, local manning agency Jebsens Maritime, Inc.(collectively, petitioners) hired Ruperto S. Pasamba (respondent) as an Able Seaman for a period of six months. On December 21, 2009, respondent boarded CMS Dusseldorf Express.[4] On January 24, 2010, respondent started experiencing clogged nose, dizziness, and headache.[5] On February 4, 2010, as his illness persisted despite medications, respondent consulted an on-shore physician at the port, of Japan, wherein he was diagnosed with "Sinusitis, Myringitis (both), Vascular Headache, and Unstable Angina (suspicion)." He was then recommended to be immediately repatriated for treatment.[6] On February 5, 2010, respondent was repatriated.[7] On February 6, 2010, respondent reported to petitioners' office and was referred to the company-designated doctors.[8] On February 9, 2010, respondent was diagnosed with "Polysinusitis, Hypoplastic Frontal Sinuses, Congested Turbinates while Mastoid Series showed Bilateral Mastoiditis." On February 25, 2010 and May 14, 2010, respondent underwent Mastoidectomy with Tympanoplasty procedures as advised by the company-designated doctors.[9] On July 9, 2010, the company-designated doctors issued a Certificate of Physical Condition, declaring respondent "fit for work" with the following relevant notations: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65696 1/13

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