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731 PHIL. 294
FIRST DIVISION
[ G.R. No. 201072, April 02, 2014 ]
UNITED PHILIPPINE LINES, INC. AND HOLLAND AMERICA LINE,
PETITIONERS, VS. GENEROSO E. SIBUG, RESPONDENT.
DECISION
VILLARAMA, JR., J.:
Before the Court is a petition for review on certiorari assailing the Decision[1] dated July
29, 2011 and Resolution[2] dated February 14, 2012 of the Court of Appeals (CA) in
CA-G.R. SP No. 110757. The CA ruled that respondent seaman Generoso E. Sibug is
twice entitled to permanent and total disability benefits.
The antecedent facts follow:
Petitioners United Philippine Lines, Inc. and Holland America Line hired Sibug as waste
handler on board the vessel M/S Volendam. On August 5, 2005, Sibug fell from a
ladder while cleaning the silo sensor at a garbage room of the Volendam and injured his
knee. He was repatriated and had anterior cruciate ligament (ACL) reconstruction
surgery at the Manila Doctors Hospital. On January 19, 2006, he was declared fit to
return to work from an orthopedic point of view.[3]
Sibug sought reemployment, passed the pre-employment medical examination, and
was re-hired by petitioners in the same capacity for the vessel M/S Ryndam. On board
Ryndam, Sibug met another accident while driving a forklift and injured his right hand
and wrist. He was repatriated. He arrived in the Philippines on January 15, 2007,[4]
and had surgery for his Ryndam injury.[5]
designated doctor issued a medical
On September 7, 2007, the company-
report[6]
that Sibug has a permanent but
incomplete disability.[7] In an email[8] dated September 28, 2007, the companydesignated doctor classified Sibug’s disability from his Ryndam injury as a grade 10
disability.[9]
Sibug filed two complaints for disability benefits, illness allowance, damages and
attorney’s fees against petitioners, docketed as follows: (1) NLRC NCR OFW (M)-0808711-07, which was anchored on his Volendam injury, and NLRC NCR OFW (M)-0808708-07, which was anchored on his Ryndam injury.
In her Decision[10] dated May 14, 2008, the Labor Arbiter dismissed the Volendam case
on the ground that Sibug was declared fit to work after his ACL reconstruction surgery.
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