8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 223246, June 26, 2019 ] JAN FREDERICK PINEDA DE VERA, PETITIONER, V. UNITED PHILIPPINE LINES, INC. AND/OR HOLLAND AMERICA LINE WESTOUR, INC., AND DENNY RICARDO C. ESCOBAR, RESPONDENTS. DECISION J. REYES, JR., J.: This is a Petition for Review on Certiorari seeking to reverse and set aside the August 20, 2015 Decision[1] and the February 5, 2016 Resolution[2] of the Court of Appeals (CA) in CA-G.R. SP No. 135608, which affirmed the February 21, 2014 Decision[3] and the March 27, 2014 Resolution[4] of the National Labor Relations Commission (NLRC) in NLRC LAC No. (OFWM) 01-000050-14, which in turn reversed and set aside the November 28, 2013 Decision[5] of the Labor Arbiter in NLRC-Case No. (M)NCR-0405863-13, a case for permanent and total disability benefits claim by a seafarer. The Facts On July 13, 2012, respondent United Philippine Lines, Inc. (UPLI), a local manning agency and domestic corporation engaged in the business of recruitment and placement of seafarers, employed petitioner Jan Frederick Pineda De Vera (De Vera) to work as a Bar Attendant on board the vessel "M/S Statendam" for a period of 10 months. UPLI engaged the services of De Vera for and on behalf of its foreign principal, the respondent Holland America Line Westour, Inc. The contract was verified and approved by the Philippine Overseas Employment Administration (POEA) on the same day.[6] De Vera joined his vessel sometime in July 2012. On December 15, 2012 and while on board the vessel, De Vera complained of experiencing pain on his lower back. He was placed under medication for two weeks which only provided temporary relief. On January 18, 2013, De Vera was brought to East Coast Orthopaedics in Pompano Beach, Florida, USA, where he underwent Magnetic Resonance Imaging (MRI) of his lumbar spine. An MRI Final Report[7] was issued containing the following: "Impression: Moderate degenerative disc disease at L5-S1, with a 5 mm right paramedian disc protrusion causing mass effect on the descending S1 nerve root on the right."[8] On the same day, a physical therapy prescription[9] was issued by Dr. John P. Malloy, recommending De Vera to undergo the "McKenzie Program" for his back pains and to engage in "ROM/strengthening exercises, core strengthening, and lumbar stabilization." https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65369 1/14