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755 PHIL. 901
SECOND DIVISION
[ G.R. No. 209383, March 11, 2015 ]
SEACREST MARITIME MANAGEMENT, INC., ROLANDO B. MAGCALE,
AND SEALION SHIPPING LIMITED – UNITED KINGDOM,
PETITIONERS, VS. MAURICIO G. PICAR, JR., RESPONDENT.
DECISION
MENDOZA, J.:
This is a petition for review under Rule 45 of the Rules of Court assailing the May 2,
2013 Decision[1] and the September 9, 2013 Resolution[2] of the Court of Appeals (CA)
in CA-G.R. SP No. 124763, which dismissed, for being moot and academic, the petition
for certiorari filed under Rule 65 questioning the decision of the National Labor
Relations Commission (NLRC), in a case for disability benefits.
The Antecedents
Respondent Mauricio Picar, Jr. (Picar) was employed by petitioner Sealion Shipping
Limited – United Kingdom through its local manning agent Seacrest Maritime
Management, Inc. (petitioners), as Chief Cook continuously for several contracts from
April 2005 until his last employment contract in 2010, on board the vessel, “MV Toisa
Paladin.” The last contract was for a fixed duration of three (3) months which
commenced on September 5, 2010 with a basic salary of US$630.00 exclusive of
overtime pay and other benefits.[3]
On September 24, 2010, Picar experienced high fever, chilling, lumbar back pain, and
difficulty in urinating accompanied with blood. He was referred for medical treatment
to the Maritime Medical Center PTE, Ltd in Singapore (MMC). He was diagnosed with
Urinary Tract Infection (UTI) and Renal Calculus. After his check-up, he was required to
go back to the vessel and take a rest. On September 28, 2010, he was brought back
to MMC where he was confined until October 1, 2010. On October 2, 2010, he was
repatriated.[4]
Upon his arrival in Manila, Picar was referred to Dr. Natalio G. Alegre (Dr. Alegre) at St.
Luke’s Medical Center (SLMC). On October 21, 2010, he underwent sonography of his
kidneys and urinary bladder, which showed “renal cyst on his right kidney; calyceal
lithiasis, right; and normal urinary bladder; slightly enlarged prostate gland was
noted.” Dr. Alegre repeatedly recommended that he undergo extracorporeal shockwave
lithotripsy for the dissolution of his right kidney stone.[5]
On February 23, 2011, Picar consulted Dr. Efren R. Vicaldo (Dr. Vicaldo) who also
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