5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 734 Phil. 281 SECOND DIVISION [ G.R. No. 198640, April 23, 2014 ] CARLO F. SUNGA, PETITIONER, VS. VIRJEN SHIPPING CORPORATION, NISSHO ODYSSEY SHIP MANAGEMENT PTE. LTD., AND/OR CAPT. ANGEL ZAMBRANO, RESPONDENTS. DECISION BRION, J.: This is an appeal of the Decision[1] dated February 25, 2011 and the Resolution dated September 14, 2011 of the Court of Appeals (CA) in CA-GR SP No. 113661. The appealed decision reversed and set aside the Decision dated December 21, 2009 of the National Labor Relations Commission (NLRC), Second Division, finding Carlo F. Sunga (Sunga) not entitled to disability benefits. The Antecedent Facts On July 14 2006, Virjen Shipping Corporation (Virjen), acting in behalf of its foreign principal, Nissho Odyssey Ship Management Pte. Ltd., entered into a contract of employment with Sunga. Under the contract, Sunga would be working as a fitter on board the ocean-going vessel MT Sunway for nine (9) months on a monthly salary of US$ 566.00.[2] As a registered member of the Associated Marine Officers’ and Seamen’s union of the Philippines (AMOSUP), Sunga’s employment was covered by the IBF JUS/AMOSUPIMMAJ Collective Bargaining Agreement (CBA) executed between Virjen and Nissho Odyssey, All Japan Seamen’s Union and AMOSUP.[3] Prior to Sunga’s deployment, or before August 11, 2006, he underwent a preemployment medical examination that found him fit for work. But, sometime in 2007, while already on board the MT Sunway vessel, Sunga started to experience an on-andoff right flank pain, making it difficult for him to work. The pain became more intense as the days progressed, thereby prompting him to request for repatriation. The request was granted on April 25, 2007.[4] On April 27, 2007, Sunga reported to Virjen’s company-designated physician, Dr. Nicomedes G. Cruz (Dr. Cruz), for medical examination. The doctor instructed him to undergo Magnetic Resonance Imaging (MRI) of his lumbosacral spine. The MRI’s results merited the medical advice that Sunga undergo physical therapy for a period of four (4) months under the supervision of Dr. Cruz. Despite the therapy, Sunga still experienced episodes of moderate to severe pain on his right lower extremity and elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56877 1/9

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