4/29/2020
E-Library - Information At Your Fingertips: Printer Friendly
710 Phil. 531
FIRST DIVISION
[ G.R. No. 200837, June 05, 2013 ]
MAERSK FILIPINAS CREWING INC./MAERSK SERVICES LTD.,
AND/OR MR. JEROME DELOS ANGELES, PETITIONERS, VS. NELSON
E. MESINA, RESPONDENT.
RESOLUTION
REYES, J.:
This Petition for Review on Certiorari,[1] under Rule 45 of the Rules of Court, assails the
Decision[2] dated October 27, 2011 of the Court of Appeals (CA) in CA-G.R. SP No.
113470 which reversed and set aside the Decision[3] dated July 23, 2009 of the
National Labor Relations Commission (NLRC) and reinstated the Decision[4] dated April
14, 2008 of the Labor Arbiter (LA) awarding US$75,000.00 total disability benefits to
Nelson Mesina (respondent) as well as attorney’s fees.
Likewise assailed is the CA Resolution[5] dated February 29, 2012 which denied
reconsideration.
Antecedent Facts
On March 29, 2005, the respondent was employed by Maersk Filipinas Crewing Inc.,
with Mr. Jerome delos Angeles as its Manager, for and in behalf of its principal, Maersk
Services, Ltd., (petitioners) as a steward on board the vessel “Sealand Innovator” for a
period of nine (9) months with a monthly basic salary of US$425.00.[6]
The respondent boarded the vessel on May 3, 2005 after having been declared ‘fit for
sea duties’ in his Pre-Employment Medical Examination.[7]
As a steward, the respondent’s functions involved kitchen-related services, cleaning
accommodation spaces and performing laundry services, as may be required. Thus,
while on board he cooked and served three meals everyday for sixty (60) persons. He
also washed a cabin-load of dirty laundry all by himself using strong detergent and
fabric conditioner. He was further ordered by the vessel’s captain to wash-paint the
decks from second to fourth deck using special soap and chemicals.
Sometime in June 2005, the respondent started to feel unusual itchiness all over his
body followed by the appearance of small spots on his skin. He initially deferred
seeking medical attention but when the itching became unbearable in October 2005, he
requested for a thorough medical check-up.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56025
1/13