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764 Phil. 212
FIRST DIVISION
[ G.R. No. 212049, July 15, 2015 ]
MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISE LINES,
MARLON R. ROÑO AND "STAR PRINCESS," PETITIONERS, VS.
ROMEO V. PANOGALINOG, RESPONDENT.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated October 25,
2013 and the Resolution[3] dated April 7, 2014 of the Court of Appeals (CA) in CA-G.R.
SP No. 126368, which reversed and set aside the Decision[4] dated December 15, 2011
and the Resolution[5] dated June 27, 2012 of the National Labor Relations Commission
(NLRC) in NLRC NCR CN. OFW (M)-10-14690-10 denying respondent Romeo V.
Panogalinog's (respondent) claim for permanent total disability benefits.
The Facts
Respondent was employed by petitioner Magsaysay Maritime Corporation (MMC) for its
foreign principal, Princess Cruise Lines, Ltd. (PCL) as Mechanical Fitter on board the
vessel "Star Princess" under a ten (10) month contract[6] that commenced on
December 18, 2009, with a basic salary of US$508.00 per month, exclusive of overtime
and other benefits.[7]
On April 27, 2010, respondent suffered injuries when he hit his right elbow and forearm
on a sewage pipe during a maintenance work conducted on board the vessel. He was
immediately provided medical treatment at the ship's clinic and was diagnosed by the
ship doctor with "Lateral Epicondylitis, Right". However, despite treatment, his condition
did not improve. Hence, he was medically repatriated on May 9, 2010.[8]
On May 14, 2010, the company-designated physicians also diagnosed respondent with
"Lateral Epicondylitis, Right" and, thus, the latter was advised to undergo physical
therapy. On June 2, 2010, Dr. Robert Lim (Dr. Lim), the company-designated doctor,
found that "[p]atient claims almost resolution of both lateral elbow paid, decreased
pain on the right wrist, slight limitation of motion of the right wrist, fair grip." On June
23, 2010, another medical bulletin was issued by Dr. Lim stating that "[p]atient claims
improvement with physical therapy." On September 15, 2010, Dr. William Chuasuan, Jr.
(Dr. Chuasuan), also a company-designated physician, issued a medical report stating
that respondent was fit to return to work.[9]
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