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692 Phil. 632
FIRST DIVISION
[ G.R. No. 181180, August 15, 2012 ]
PHILASIA SHIPPING AGENCY CORPORATION AND/OR
INTERMODAL SHIPPING, INC., PETITIONER, VS. ANDRES G.
TOMACRUZ, RESPONDENT.
DECISION
LEONARDO-DE CASTRO, J.:
Challenged in this petition for review on certiorari[1] are the June 15, 2007 Decision[2]
and January 14, 2009 Resolution[3] or the Court of Appeals in CA-G.R. SP No. 94561,
wherein they reversed the National Labor Relations Commission (NLRC) in NLRC CA No.
043129-05/NLRC OFW (M)03-11-2866-00.
Andres G. Tomacruz (Tomacruz) was a seafarer, whose services were engaged by
PHILASIA Shipping Agency Corp., (PHILASIA) on behalf of Intermodal Shipping Inc.
(petitioners) as Oiler #1 on board the vessel M/V Saligna.[4] A twelve-month Philippine
Overseas Employment Administration (POEA) Contract of Employment was duly signed
by the parties on January 9, 2002.[5]
This was preceded by four similar contracts, which Tomacruz was able to complete for
the petitioners, aboard different vessels. For all five contracts, Tomacruz was required
to undergo a pre-employment medical examination and obtain a “fit to work” rating
before he could be deployed.[6]
Having been issued a clean bill of health, Tomacruz boarded M/V Saligna on January
15, 2002 and performed his duties without any incident. However, sometime in
September 2002, during the term of his last contract, Tomacruz noticed blood in his
urine. Tomacruz immediately reported this to the Ship Captain, who referred him to a
doctor in Japan. Tomacruz was subjected to several check-ups and ultrasounds, which
revealed a “stone” in his right kidney. Despite such diagnosis, no medical certificate
was issued; thus, he was allowed to continue working.[7]
Eventually, Tomacruz was repatriated to the Philippines and sent to Micah Medical Clinic
& Diagnostic Laboratory. The November 19, 2002 KUB Ultrasound report of the clinic
revealed that he had stones in both his kidneys.[8]
Referred by Micah Medical Clinic to Dr. Nicomedes Cruz, the company-designated
physician, Tomacruz went through more tests, medications, and treatments. On July
25, 2003, Dr. Cruz declared Tomacruz fit to work despite a showing that there were
stones about 0.4 cm in size found in both his kidneys, and there was the possibility of
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