5/19/2021
E-Library - Information At Your Fingertips: Printer Friendly
SECOND DIVISION
[ G.R. No. 247221, June 15, 2020 ]
WILFREDO LIM SALAS, PETITIONER, VS. TRANSMED MANILA
CORPORATION, TRANSMED SHIPPING LTD., AND EGBERT M.
ELLEMA, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated February
18, 2019 and the Resolution[3] dated May 14, 2019 of the Court of Appeals (CA) in CAG.R. SP No. 150519 which affirmed the Decision[4] dated November 29, 2016 and the
Resolution[5] dated January 31, 2017 of the National Labor Relations Commission
(NLRC) in NLRC LAC No. (OFW-M) 09-000644-16, finding petitioner Wilfredo Lim Salas
(Salas) not entitled to disability benefits.
The Facts
On March 6, 2014, Salas was hired as Second Officer by respondent Transmed Manila
Corporation (TMC) for its principal, Transmed Shipping Ltd. (TSL), on board the vessel
M/V Coalmax for a period of eight (8) months.[6] After undergoing the required preemployment medical examination (PEME) where he was declared fit for duty by the
company-designated physician, Salas boarded the vessel on April 4, 2014 and
commenced his tour of duty.[7] Upon the expiration of Salas' Contract of Employment
on February 9, 2015, the parties agreed to extend the same for another two (2)
months under the same terms and conditions.[8]
Sometime in February 2015, Salas reported a generalized feeling of weakness, easy
fatigability, loss of appetite, and difficulty in sleeping. He was brought to a hospital in
Rio de Janeiro, Brazil, and thereat, was diagnosed to be suffering from diabetes
mellitus and gouty arthritis (on both knees), for which reason he was declared unfit for
work[9] and repatriated on March 21, 2015 for further medical evaluation and
management.[10]
Upon arrival in Manila, Salas was admitted at Marine Medical Services and referred to a
company-designated physician for evaluation and management. He was brought to an
orthopedic surgeon, Dr. Ferdinand Bernal (Dr. Bernal), who confirmed that his joint
pains were due to gouty arthritis and opined that the illness was not work-related,
considering that it is caused by an increased uric level in the blood and that based on
medical science, the risk factors of said illness are high purine diet.[11] Based on the
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66379
1/10