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767 Phil. 488
FIRST DIVISION
[ G.R. No. 206032, August 19, 2015 ]
JOSE RUDY L. BAUTISTA, PETITIONER, VS. ELBURG
SHIPMANAGEMENT PHILIPPINES, INC., AUGUSTEA
SHIPMANAGEMENT ITALY, AND/OR CAPTAIN ANTONIO S.
NOMBRADO,* RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated September
6, 2012 and the Resolution[3] dated February 19, 2013 of the Court of Appeals (CA) in
CA-G.R. SP No. 117921, which reversed and set aside the Decision[4] dated September
20, 2010 and the Resolution[5] dated December 20, 2010 of the National Labor
Relations Commission (NLRC) in NLRC NCR Case No. (M) 09-13249-09, and dismissed
petitioner Jose Rudy L. Bautista's (petitioner) claim for total and permanent disability
benefits.
The Facts
On August 7, 2008, petitioner entered into a nine (9)-month Contract of Employment
with respondent Elburg Shipmanagement Philippines, Inc. (Elburg) on behalf of its
foreign principal, respondent Augustea Shipmanagement Italy (Augustea), as Chief
Cook on board the vessel "MV Lemno." Prior to his embarkation, petitioner underwent a
Pre-Employment Medical Examination (PEME), and was certified as fit for sea duty by
the company-designated physician. He then boarded the vessel on August 14, 2008.[6]
During petitioner's employment, he complained of breathing difficulty, weakness,
severe fatigue, dizziness, and grogginess. Upon referral to a portside hospital, he was
suspected to have "thoracic aneurysm," and thus, was recommended for medical
repatriation. Following his repatriation on May 8, 2009, petitioner was referred to
Elburg's designated physicians at the Metropolitan Medical Center (MMC) for further
evaluation and medical treatment. After several tests, he was diagnosed with
"Hypertensive Cardiovascular Disease" and "Diabetes Mellitus II," and thoracic
aneurysm was eventually ruled out.[7] On September 4, 2009, the company-designated
physician, Dr. Melissa Co Sia (Dr. Sia) issued a working impression that petitioner was
suffering from "Hypertension", "Dyslipidemia", and "Chronic Obstructive Pulmonary
Disease," with a declaration that he would be cleared to go back to his duties as a
seafarer as soon as his blood pressure and lipid levels stabilize.[8]
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