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707 Phil. 194
[ G.R. Nos. 194490-91, March 20, 2013 ]
TRANSOCEAN SHIP MANAGEMENT (PHILS.), INC., CARLOS S.
SALINAS, AND GENERAL MARINE SERVICES CORPORATION,
PETITIONERS, VS. INOCENCIO B. VEDAD, RESPONDENT.
[G.R. NOS. 194518 & 194524]
INOCENCIO B. VEDAD, PETITIONER, VS. TRANSOCEAN SHIP
MANAGEMENT (PHILS.), INC., CARLOS S. SALINAS, AND GENERAL
MARINE SERVICES CORPORATION, RESPONDENTS.
DECISION
VELASCO JR., J.:
It would be an unsound policy to allow manning agencies and their principals to hedge
in giving sickness allowance to our seafarers while waiting for the assessment and
declaration by the company-designated physician on whether or not the injury or illness
is work-related. Otherwise, our poor seafarers who sacrifice their health and time away
from their families and are stricken with some ailments will not be given the
wherewithal to keep body and soul together and provide for their families while they
are incapacitated or unable to perform their usual work as such seafarers.
The Case
In these consolidated Petitions for Review on Certiorari under Rule45, the parties
uniformly assail the July 28, 2010 Decision[1] and November 11, 2010 Resolution[2] of
the Court of Appeals (CA) in CA-G.R. SP Nos. 105601 and 105615, which modified the
National Labor Relations Commission's (NLRC's) reversal of the grant by the Labor
Arbiter of full permanent total disability benefits to seaman Inocencio B. Vedad
(Inocencio).
The Facts
Inocencio
was
a
seafarer
employed
as
second
engineer
by
Transocean
Ship
Management (Phils.), Inc. (Transocean),[3] a local manning agency, tor its principal,
General Marine Services Corporation (General Marine). Carlos S. Salinas (Salinas) was
the President of Transocean.[4] Inocencio's employment under the Philippine Overseas
Employment Agency-Standard Employment Contract (POEA-SEC) was for a 10-month
period from June 1, 2005 to March 1, 2006.[5] Inonencio was deployed and went on
board M/V Invicta after the required pre-employment medical examination (PEME)
which gave him a clean bill of health.
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