8/27/2020
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FIRST DIVISION
[ G.R. No. 196455, July 08, 2019 ]
CENTENNIAL TRANSMARINE INC., EDUARDO R. JABLA,
CENTENNIAL MARITIME SERVICES & M/T ACUSHNET,
PETITIONERS, V. EMERITO E. SALES, RESPONDENT.
DECISION
CARANDANG, J.:
This Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court assails the
Decision[2] dated January 21, 2011 of the Court of Appeals (CA) Special Fifth Division
awarding the payment of total permanent disability benefits to respondent Emerito E.
Sales (Sales).
The Facts of the Case
Sales was hired by Centennial Transmarine, Inc. (CTI), a local manning agency acting
for and in behalf of its principal Centennial Maritime Services, to work as Pumpman on
board M/V Acushnet for nine (9) months.[3]
Sales claims that sometime in April 2006, while transferring the portable pump to the
main deck, he slipped and hit the floor. Although in pain from the fall, Sales ignored it
and continued with his work, which included carrying heavy objects. However, the pain
on his lower back persisted. On May 5, 2006, Sales reported that he was suffering from
lower back pain.[4] He was initially given an ointment for relief but this did not treat his
back pain. Sales sought for medical assistance and was then referred to a physician in
Antwerp, Belgium. Upon examination, Sales was initially diagnosed to be suffering from
"acute traumatic lumbago with ischialgia right leg",[5] and was recommended for
medical repatriation to the Philippines for further evaluation and medical treatment.
On May 12, 2006 or two (2) days after his repatriation, Sales was referred to CTI's
company-designated physician. He underwent a magnetic resonance imaging test
(MRI). Sales' MRI results showed that he was suffering from "degenerative changes of
the lumbar spine including disc protrusions at L5-S1 and probably L4-L5."[6] Sales was
recommended by the physician to undergo surgery, but he refused. In a Letter[7] dated
July 10, 2006, the company-designated physician advised that Sales see a
rehabilitation doctor for evaluation whether he can be treated conservatively thru
physical therapy. On July 20, 2006, Sales began his "conservative" treatment with the
company-designated physician.
During his treatment with the company-designated physician, Sales sought for a
second opinion of his medical condition at the same hospital he was treated. In a
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