On July 25, 2002 respondent Marcos C. Abalos entered into a contract of
employment with petitioner Bandila Shipping, Inc. (BSI), a Philippine manning
agency acting on behalf of its co-petitioner Fuyoh Shipping, Inc., as fourth
engineer for the ocean-going vessel M/V Estrella Eterna at US$765.00 per month
for 10 months.[1] Prior to embarkation, Abalos underwent pre-employment medical
examination and was found to be “fit for sea service.”[2] He boarded his vessel
in Singapore on August 28, 2002.[3]
As the vessel headed towards Nagoya, Japan, on January 23, 2003,
respondent Abalos felt excruciating pain in his stomach while he was on duty. He
tried to tolerate it until he got off but he was unable to sleep because of severe
pain. The following day, unable to bear the pain, he told the vessel’s master about
it. After being examined at the International Clinic in Nagoya, Japan, he was
diagnosed to be suffering from “gallstone, acute cholecystitis, and pancreatitis
suspected.” The attending physician found him unfit for duty and recommended
his repatriation.[4]
On January 25, 2003 respondent Abalos was repatriated to
the Philippines. He was referred to Dr. Ruby Dizon who found that he
had cholecystolithiasis, commonly known as gallstone, and needed to
undergo cholecystectomy or gall bladder removal that would cost P80,000.00.
[5]
Unable to get the company’s approval for his surgery,[6] Abalos sought the
opinion of other physicians who made the same diagnosis and suggested surgery.[7]
On June 12, 2003 Abalos filed a complaint with the Labor Arbiter for
disability benefits, unexpired portion of his contract, moral and exemplary
damages, and attorney’s fees against petitioner BSI, its claims manager, and its
foreign principal, petitioner Fuyoh Shipping, Inc.,[8] in NLRC OFW-(M) Case 0306-1493-00. Persuaded by the opinion of a company-designated physician
that cholecystolithiasis was not work-related, BSI denied liability.
Meantime, respondent Abalos amended his complaint to include
nonpayment of disability benefits, medical reimbursement, sickness allowance,
compensatory damages, moral and exemplary damages, and attorney’s fees.[9]