6/30/2021

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SECOND DIVISION
[ G.R. No. 247338, September 02, 2020 ]
ROGER V. CHIN, PETITIONER, VS. MAERSK-FILIPINAS CREWING,
INC., MAERSK LINE A/S, AND RENEL C. RAMOS, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Resolutions dated December
19, 2018[2] and May 9, 2019[3] of the Court of Appeals (CA) in CA-G.R. SP No. 158643,
dismissing outright the appeal filed by petitioner Roger V. Chin (petitioner) under Rule
43 of the Revised Rules of Civil Procedure from the Decision[4] dated August 28, 2018
of the Maritime Voluntary Arbitrator (VA) in MVA-031-RCMB-NCR-129-02-04-2018, for
having been filed out of time.
The Facts
On April 13, 2016, petitioner was hired as Able Seaman by Maersk-Filipinas Crewing,
Inc. and its officer Renel C. Ramos, for and on behalf of their foreign principal, Maersk
Line A/S (respondents), for a six (6)-month contract on board the vessel MV Maersk
Danube, allegedly covered by a Singaporean Organization of Seamen Collective
Bargaining Agreement (SoS CBA).[5] After undergoing the required Pre-Employment
Medical Examination, petitioner was declared fit for duty. On May 1, 2016, he boarded
the vessel and assumed his duties, which required hard manual labor.[6]
Sometime in October 2016, while lifting the steel cover of a chain pipe located under
the mooring in order to clear some debris, petitioner allegedly felt excruciating pain on
his back that resulted to blurring of vision or symptoms of heart attack. He reported his
condition to his superiors and requested for medical consultation, but was refused.
Instead, he was recommended for medical repatriation and, subsequently, signed off
from the vessel on October 17, 2016.[7]
Upon arrival in Manila, petitioner was given proper post-employment medical
examination and further treatment by the company-designated physician, Dr. Ferdinand
Bernal (Dr. Bernal). Subsequently, petitioner was diagnosed with Degenerative Disc
Disease, L3-L4 to L5-S1; hence, he was given appropriate medications and advised to
start physical therapy sessions. After completing various consultations and tests, or on
December 5, 2016, petitioner was revealed to be asymptomatic and had no more lower
back pains.[8] Thus, on even date, he was declared fit to work and signed a Certificate
of Fitness for Work.[9]

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