G.R. No. 168716
2 of 11
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/168716.htm
[5]
Respondent boarded the vessel on October 27, 2001.
In March 2002 or roughly four months after he boarded M/V Hual Triumph, respondent
complained of loss of appetite, nausea, vomiting and severe nervousness. Despite being given
medical treatment, his condition did not improve.
When the vessel reached Nagoya, Japan on April 3, 2002, respondent was brought to the
[6]
Komatsu Hospital where he was diagnosed with depression and gastric ulcer.
The attending
[7]
physician declared him unfit for work and recommended his hospitalization and repatriation.
Respondent returned to Manila on the same day.
Upon reaching Manila, respondent was met by a representative of HFS who immediately
brought him to the Medical Center Manila. HFS-designated physician Dr. Nicomedes G. Cruz
confirmed that respondent was suffering from major depression. Thus, he placed respondent
[8]
under continuous medical treatment for several months.
On September 19, 2003, respondent was declared fit to work.
[9]
Meanwhile, respondent likewise sought the opinion of other physicians.
Dr. Anselmo T. Tronco of the Philippine General Hospital
[10]
and Dr. Raymond Jude L.
[11]
Changco of the Mary Chiles Hospital
opined that respondent continued to suffer from major
depression.
Dr. Arlito C. Veneracion of the Mary Chiles Hospital, on the other hand, evaluated the
results of respondents ultrasound and endoscopy. He revealed that respondent was suffering
[12]
cholecystolithiasis, mild fatty liver and chronic gastritis.
Thus, Dr. Veneracion declared
respondent unfit to work.
[13]
On November 27, 2002, respondent filed a complaint for underpayment of disability and
medical benefits and for moral and exemplary damages in the National Labor Relations
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