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704 Phil. 625
EN BANC
[ G.R. No. 168703, February 26, 2013 ]
RAMON G. NAZARENO, PETITIONER, VS. MAERSK FILIPINAS
CREWING INC., AND ELITE SHIPPING A/S, RESPONDENTS.
DECISION
PERALTA, J.:
This is a petition for review on certiorari assailing the Decision[1] dated April 27, 2005
of the Court of Appeals (CA) in CA-G.R. SP No. 84811, and the Resolution[2] dated June
28, 2005 denying petitioner’s motion for reconsideration.
The factual and procedural antecedents are as follows:
On February 16, 2001, petitioner Ramon G. Nazareno was hired by Maersk Filipinas
Crewing Inc. (MCI) as Chief Officer for and in behalf of its foreign principal Elite
Shipping A/S (Elite) on board its vessel M/V Artkis Hope for a period of six (6) months
with a basic salary of US$1,129.00.
On March 25, 2001, the vessel was berthed at Port Belem, Brazil to load timber. While
petitioner was checking the last bundle of timber to be loaded, he suddenly lost his
balance and fell at a height of two (2) meters. He landed on the timber and injured his
right shoulder. Due to the pain he felt in his right shoulder, he was later examined at
Philadelphia, U.S.A. and was considered not fit for work. It was recommended that
petitioner should be confined for thorough evaluation and further tests, such as MRI.
Petitioner was also advised to see an Orthopedic Surgeon and/or a Neurologist.[3]
However, petitioner was not permitted to disembark as there was no one available to
replace him.
On August 8, 2001, at Ulsan, South Korea, petitioner was brought at the Ulsan Hyundai
Hospital where he was treated and given medication for his “frozen right shoulder.”[4]
He was also advised to undergo physical therapy. Consequently, petitioner was declared
unfit to work and was recommended to be signed off from duty.
On August 10, 2001, petitioner was repatriated to Manila. He then reported to MCI
which referred him to the Medical Center Manila (MCM) where he underwent a physical
therapy program under Dr. Antonio O. Periquet (Dr. Periquet) three times a week. On
October 31, 2001, Dr. Emmanuel C. Campana (Dr. Campana) issued a Medical
Certificate[5] stating that petitioner has been under their medical care since August 13,
2001 and that after treatment and physical therapy, petitioner was fit for work as of
October 21, 2001.
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