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747 Phil. 626
SECOND DIVISION
[ G.R. No. 209201, November 19, 2014 ]
NEW FILIPINO MARITIME AGENCIES INC., ST. PAUL MARITIME
CORP., AND ANGELINA T. RIVERA, PETITIONERS, VS. MICHAEL D.
DESPABELADERAS, RESPONDENT.
DECISION
MENDOZA, J.:
This is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil
Procedure assailing the May 30, 2013 Decision[1] and the September 19, 2013
Resolution[2] of the Court of Appeals (CA), in CA G.R. SP. No. 120693, entitled “Michael
D. Despabeladeras v. National Labor Relations Commission (2nd Division), New Filipino
Maritime Agencies Inc., St. Paul Maritime Corp., and Ms. Angelina T. Rivera,” a case for
disability compensation and other claims.
The Facts
Respondent Michael D. Despabeladeras (Michael) was hired by petitioner New Filipino
Maritime Agencies Inc., for and in behalf of its principal, St. Paul Maritime Corp.
(petitioners), as Wiper to work on board the vessel M/V “ATHENS HIGHWAY” for a
period of nine (9) months, with a basic monthly salary of US$415.00.[3]
Prior to embarkation, Michael underwent the required Pre-Employment Medical
Examination (PEME) and was declared “Fit for Sea Service” by the company doctor.
On April 26, 2009, Michael joined the assigned vessel.
On August 20, 2009, while going down the stairs of the vessel to get some tools to be
used for dismantling the engine’s piston, Michael slipped and fractured his left hand.
A few days after the incident, Michael experienced severe pain and swelling in his left
wrist. He was brought to the nearest hospital in Brunswick, Georgia, where he was
diagnosed with “Ulna Styloid Fracture, Left Wrist.”[4]
On August 28, 2009,[5] Michael was repatriated to the Philippines for better medical
treatment and management. Upon arrival in Manila on August 31, 2009,[6] he was
referred to the company-designated physician, Dr. Nicomedes G. Cruz (Dr. Cruz). Later
on, Dr. Cruz endorsed Michael to an orthopedic surgeon. Michael’s medical treatment
was supervised by Dr. Cruz from August 2009 until February 10, 2010. Despite
continuous treatment under the care of Dr. Cruz, Michael alleged that his medical
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