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693 Phil. 416
FIRST DIVISION
[ G.R. No. 160444, August 29, 2012 ]
WALLEM MARITIME SERVICES, INC., PETITIONER, VS. ERNESTO C.
TANAWAN, RESPONDENT.
DECISION
BERSAMIN, J.:
A seafarer, to be entitled to disability benefits, must prove that the injury was suffered
during the term of the employment, and must submit himself to the companydesignated physician for evaluation within three days from his repatriation.
The Case
For review on certiorari is the decision promulgated on November 29, 2002,[1] whereby
the Court of Appeals (CA) annulled the decision rendered on June 13, 2001 by the
National Labor Relations Commission (NLRC) and reinstated the decision dated January
21, 2000 of the Labor Arbiter.
Antecedents
On May 12, 1997, the petitioner, then acting as local agent of Scandic Ship
Management, Ltd., engaged Ernesto C. Tanawan as dozer driver assigned to the vessel,
M/V Eastern Falcon, for a period of 12 months. Under the employment contract,
Tanawan was entitled to a basic salary of US$355.00/month, overtime pay of
US$2.13/hour, and vacation leave pay of US$35.00/month.[2]
On November 22, 1997, while Tanawan was assisting two co-workers in lifting a steel
plate aboard the vessel, a corner of the steel plate touched the floor of the deck,
causing the sling to slide and the steel plate to hit his left foot. He was brought to a
hospital in Malaysia where his left foot was placed in a cast. His x-ray examination
showed he had suffered multiple left toes fracture (i.e., left 2nd proximal phalanx and
3rd to 5th metatarsal).[3]
Following Tanawan’s repatriation on November 28, 1997, his designated physician, Dr.
Robert D. Lim, conducted the evaluation and treatment of his foot injury at
Metropolitan Hospital, the designated hospital. Tanawan was initially evaluated on
December 1, 1997 and was referred to Metropolitan Hospital’s orthopedic surgeon who
reviewed the x-rays and advised Tanawan to continue with his immobilization to allow
good fracture healing.[4]
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