6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
762 PHIL. 585
FIRST DIVISION
[ G.R. No. 207639, July 01, 2015 ]
BAHIA SHIPPING SERVICES, INC. AND/OR V-SHIP NORWAY
AND/OR CYNTHIA C. MENDOZA, PETITIONERS, VS. CARLOS L.
FLORES, JR.,* RESPONDENT.
RESOLUTION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated March 25,
2013 and the Resolution[3] dated May 31, 2013 of the Court of Appeals (CA) in CA-G.R.
SP No. 121673, which affirmed the Resolutions dated May 27, 2011[4] and July 25,
2011[5] of the National Labor Relations Commission (NLRC) in NLRC LAC No. 12001014-10 finding respondent Carlos L. Flores, Jr. (respondent) to be suffering from a
permanent total disability, and accordingly, ordered petitioners Bahia Shipping Services,
Inc., V-Ship Norway, and Cynthia C. Mendoza (petitioners) to pay him the
corresponding disability benefits.
The Facts
On January 9, 2009, petitioner Bahia Shipping Services, Inc. hired respondent to work
as a "Fitter" on board the vessel Front Fighter owned by V-Ship Norway, for a period of
nine (9) months, with such being covered by an employment contract[6] and a
Collective Bargaining Agreement between the Associated Marine Officers' and Seamen's
Union of the Philippines and petitioners (CBA).[7] On April 15, 2009 and while on board
overhauling the relief valve of the vessel, a spring valve flew and hit the left side of
respondent's face, causing severe injuries to his teeth as well as multiple abrasions to
his cheek, lips, and nose. He was taken to a hospital in Singapore, where he was
diagnosed to be suffering from "blunt injuries to the left side of face" and was declared
to be unfit to return to ship. After undergoing an operation to treat his injury,
respondent was repatriated to the Philippines on April 18, 2009 for further treatment.
[8]
Upon repatriation, respondent went to petitioners' accredited doctors for immediate
care and treatment who then made him undergo a series of tests for months. On July
17, 2009, Dr. Wilanie Romero-Dacanay, the company-designated physician, gave
respondent an interim disability rating of Grade 7 (moderate residual or disorder).[9]
On September 4, 2009, respondent sought a second opinion from an independent
physician, Dr. Rimando C. Saguin, who diagnosed him to have "Blunt injury on the Left
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60895
1/6