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695 Phil. 906
THIRD DIVISION
[ G.R. No. 197205, September 26, 2012 ]
JESSIE V. DAVID, REPRESENTED BY HIS WIFE, MA. THERESA S.
DAVID, AND CHILDREN, KATHERINE AND KRISTINA DAVID,
PETITIONERS, VS. OSG SHIPMANAGEMENT MANILA, INC. AND/OR
MICHAELMAR SHIPPING SERVICES, RESPONDENTS.
DECISION
VELASCO JR., J.:
Before Us is a Petition for Review on Certiorari under Rule 45 assailing and seeking to
set aside the Decision[1] and Resolution[2] dated March 11, 2011 and June 1, 2011,
respectively, of the Court of Appeals (CA) in CA-G.R. SP No. 114616, overturning the
January 22, 2010 and March 30, 2010 Resolutions[3] of the National Labor Relations
Commission (NLRC), Second Division in NLRC NCR OFW Case No. (M)09-10261-07.
The facts are not disputed. On May 10, 2006, petitioner Jessie David (David) entered
into a six-month Contract of Employment[4] with respondent OSG Shipmanagement
Manila, Inc. (OSG Manila), for and in behalf of its principal Michaelmar Shipping
Services, Inc., as a Third Officer of the crude tanker M/T Raphael. The engagement was
the third contract of employment between David and OSG Manila. OSG Manila
previously hired and deployed David to work aboard crude tankers since December
2004.[5]
Prior to his embarkation, David underwent a pre-employment medical examination
(PEME) and was declared “fit for further sea duty.”[6] David then boarded the ship M/T
Raphael on May 23, 2006.[7] Barely six months into his employment or in November
2006, David complained of an intolerable pain on his left foot so that he consulted a
doctor at the port of Rotterdam. The doctor diagnosed him as suffering from “lipoma
[on the] left upper leg”[8] and a possible “calcaneus spur of [the] left foot.”[9] Although
found to be fit for work, David was nonetheless advised to undergo further treatment
upon repatriation to the Philippines.[10]
Immediately after his return to the country on December 4, 2006, OSG Manila referred
David to the company-designated physician, Dr. Robert Lim (Dr. Lim) of the
Metropolitan Medical Center (MMC), who referred him to the Cardinal Santos Medical
Center for a Magnetic Resonance Imaging (MRI), which reflected the following
impressions:
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