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FIRST DIVISION
[ G.R. No. 217431, February 19, 2020 ]
PACIFIC OCEAN MANNING, INC. AND/OR INDUSTRIA ARMAMENTO
MERIDIONALE AND/OR CAPT. AMADOR P. SERVILLON,
PETITIONERS, VS. ROGER P. SOLACITO, RESPONDENT.
DECISION
CAGUIOA, J:
This is a Petition for Review on Certiorari (Petition) under Rule 45 of the Rules of Court
assailing the Decision[1] dated June 20, 2014 and Resolution[2] dated March 13, 2015
of the Court of Appeals (CA) in CA-G.R. SP No. 123284, which annulled and set aside
the Decision[3] dated September 23, 2011 and Resolution[4] dated December 19, 2011
of the National Labor Relations Commission (NLRC) in NLRC Case No. LAC 01-00009811.
Facts of the Case
The facts of the case, as narrated by the CA, are as follows:[5]
Petitioner Pacific Ocean Manning, Inc. hired respondent Roger P. Solacito (Solacito) as
an Able Seaman on board M/V Eurocardo Salerno on behalf of its principal, petitioner
Industria Armamento Meridionale. He had a contract for eight months with a basic
monthly salary of $563.00.
Solacito was deployed on March 22, 2009 after being declared fit to work following his
pre-employment medical examination (PEME). As an able seaman, Solacito was
expected to do routine chores including pirate watch duty during the night.
Solacito alleged that while he was on pirate watch on the night of June 10, 2009, an
insect entered and lodged itself inside his left ear which caused pain, itchiness, and
dizziness. He tried to remove it with his fingers but failed. The pain and irritation
persisted for several days. Thus, on June 18, 2009, Solacito was off-boarded at the
nearest port for treatment. He was treated and diagnosed with otite externa at the
Clinica da Climed in Luanda, Africa. When his condition did not improve, he was again
off-boarded for treatment in a Moroccan hospital, and then at a clinic in Leixoes,
Portugal, where he was advised to be medically repatriated for treatment.
Solacito was repatriated on July 3, 2009, and was referred to Vizcarra Diagnostic
Center for examination and treatment by the company-designated physician on July 9,
2009. The company-designated physician diagnosed him with an ear infection which
became aggravated chronic otitis media. He was given medication and recommended
for surgery.
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