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763 PHIL. 411
SECOND DIVISION
[ G.R. No. 198096, July 08, 2015 ]
CENTENNIAL TRANSMARINE, INC. AND/OR MR. EDUARDO R.
JABLA, CENTENNIAL MARITIME SERVICES & MTV BONNIE
SMITHWICK, PETITIONERS, VS. PASTOR M. QUIAMBAO,
RESPONDENT.
DECISION
DEL CASTILLO, J.:
"[T]he company-designated physician is expected to arrive at a definite assessment of
the seafarer's fitness to work or permanent disability within the period of 120 or 240
days. That should he fail to do so and the seafarer's medical condition remains
unresolved, the seafarer shall be deemed totally and permanently disabled,"[1] as in
this case.
This is a Petition for Review on Certiorari[2] assailing the February 28, 2011 Decision[3]
and August 9, 2011 Resolution[4] of the Court of Appeals (CA) in CA-G.R. SP No.
104798, which affirmed the April 23, 2008[5] and May 30, 2008[6] Resolutions of the
National Labor Relations Commission (NLRC). The aforesaid NLRC Resolutions affirmed
the July 31, 2007 Decision[7] of the Labor Arbiter which ordered petitioners Centennial
Transmarine, Inc. and/or Mr. Eduardo Jabla, Centennial Marine Services and MV Bonnie
Smithwick (petitioners) to pay respondent Pastor Quiambao (Pastor) total and
permanent disability benefits amounting to US$78,750.00 and attorney's fees
equivalent to 10% thereof.
Antecedent Facts
Since 2004, Pastor was continuously employed by petitioner Centennial Transmarine,
Inc. as a messman for and on behalf of its foreign principal, petitioner Centennial
Maritime Services. His last contract of employment[8] of six months on board the vessel
MV Bonnie Smithwick was approved by the Philippine Overseas Employment
Administration (POEA) and was covered by the International Transport Workers'
Federation-Collective Bargaining Agreement (ITF-CBA).[9]
Pursuant to the aforementioned contract, Pastor boarded MV Bonnie Smithwick on June
5, 2006. Shortly thereafter or during the first week of August 2006, however, he
figured in an accident while carrying heavy food provisions. This caused him to suffer
excruciating pain in his upper back. When he consulted the ship doctor, Pastor was
prescribed with oral pain killer, but the same only offered temporary relief. As his
condition continued to worsen, he was referred on September 5, 2006 to City Med
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