Respondent Jaime M. Velasquez was hired by petitioner Magsaysay
Maritime Corporation as second cook for its foreign principal, co-petitioner
ODF Jell ASA. The parties had a considerably long employment history
covered by about ten (10) employment contracts wherein petitioners engaged
respondents services on board vessels owned by ODF Jell ASA. On July 28,
2003, while on duty as second cook on board the vessel M/T Bow Favour,
respondent suffered high fever and was unable to work.He took fever relieving
medicine but his condition worsened. By the fourth day, his body temperature
reached 40.9C. His extremities were swollen and he could not walk. He also had
edema in the abdominal area. Respondent was brought to a hospital
inSingapore where he was confined from August 12 to October 13,
2003. Thereafter, he was repatriated to the Philippines.
It is from this point onwards that the allegations of the parties differ.
In his pleadings, respondent alleged that upon his repatriation, he was not
confined to St. Lukes Medical Center as he expected. He claimed that he was
compelled to seek medical treatment from an independent doctor. On November
13, 2003, he consulted a certain Dr. Efren Vicaldo (Dr. Vicaldo) who diagnosed
him to be suffering from staphylococcal bacteremia, multiple metastatic
abcesses, pleural effusion and hypertension and declared his disability as
Impediment Grade 1 (120%). Dr. Vicaldo further concluded that respondent
was unfit to resume work as seaman in any capacity. Hence, respondent filed a
claim for disability benefits, illness allowance/ reimbursement of medical
expenses, damages and attorneys fees but petitioners refused to pay.
Petitioners, on the other hand, maintained that upon respondents
repatriation on October 13, 2003, he was immediately referred to a company
designated physician for further medical care and treatment; that the initial
impression was Systemic Staphylococcal Infections; Resolving; that he was
under the care of said physician for three (3) months during which he underwent
extensive medications and treatment; that he was admitted and confined at St.
Lukes Medical Center from October 13, 2003 to November 11, 2003; that
progress reports on his recovery have been issued; that by January 5, 2004,
respondent was declared as cleared to work resumption as seafarer; and that
petitioners were the ones who shouldered respondents hospitalization expenses.