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698 Phil. 437
SECOND DIVISION
[ G.R. No. 195168, November 12, 2012 ]
BENJAMIN C. MILLAN, PETITIONER, VS. WALLEM MARITIME
SERVICES, INC., REGINALDO A. OBEN AND/OR WALLEM
SHIPMANAGEMENT,[1] LTD., RESPONDENTS.
RESOLUTION
PERLAS-BERNABE, J.:
This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing
the Decision[2] dated August 20, 2010 and Resolution[3] dated January 13, 2011 of the
Court of Appeals (CA) in CA-G.R. SP No. 104924 which decreed petitioner Benjamin C.
Millan entitled only to partial disability benefits in the sum of US$7,465.00 plus ten
percent (10%) thereof as attorney’s fees, or its peso equivalent at the time of
payment.
The facts are undisputed.
Petitioner Benjamin C. Millan has been under the employ of Wallem Maritime Services,
Inc. as a seafarer since May 1981.[4] On October 19, 2002, he was deployed by the
latter for its foreign principal, Wallem Shipmanagement, Ltd., as a messman with a
basic salary of US$405.00 a month on board M/T “Front Vanadis.”[5] On February 13,
2003, he slipped while carrying the ship’s provisions and injured his left arm. He was
examined at St. Paul’s Surgical Clinic in Yosu City, South Korea where he was diagnosed
to have suffered “fracture on left ulnar shaft.”[6] Hence, he was medically repatriated
on February 26, 2003.[7] On February 28, 2003, he proceeded to the Manila Doctor’s
Hospital where he consulted Dr. Ramon S. Estrada, the company-designated physician,
and underwent an operation on March 3, 2003.[8] After his discharge, he went through
a series of consultations and physical therapy sessions from May 6, 2003 until July 2,
2003.[9] On July 5, 2003, Dr. Estrada reported that petitioner had completed his
physical therapy program but will have to undergo a physical capacity test on August
28, 2003[10] to evaluate his fitness to work.[11] Instead, on August 29, 2003, petitioner
filed a complaint[12] against respondents Wallem Maritime Services, Inc., its
President/Manager Reginaldo A. Oben, and Wallem Shipmanagement, Ltd. for medical
reimbursement, sickness allowance, permanent disability benefits, compensatory
damages, exemplary damages and attorney’s fees.
On September 1, 2003, petitioner consulted Dr. Rimando C. Saguin, an orthopedic
surgeon, who diagnosed him as suffering from Philippine Overseas Employment
Administration (POEA) Disability Grade 11 and elbow bursitis which rendered him “unfit
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