E-Library - Information At Your Fingertips: Printer Friendly 1 of 16 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56639 724 Phil. 106 SECOND DIVISION [ G.R. No. 192034, January 13, 2014 ] ALPHA SHIP MANAGEMENT CORPORATION/JUNEL M. CHAN AND/OR CHUO-KAIUN COMPANY, LIMITED, PETITIONERS, VS. ELEOSIS V. CALO, RESPONDENT. DECISION DEL CASTILLO, J.: An employee’s disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120- or 240-day treatment period, while the employee’s disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee’s fitness or disability. Assailed in this Petition for Review on Certiorari[1] are the December 17, 2009 Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 105550 which reversed and set aside the March 31, 2008 Decision[3] of the National Labor Relations Commission (NLRC) and reinstated the March 30, 2007 Decision[4] of the Labor Arbiter, and its April 26, 2010 Resolution[5] denying reconsideration thereof. Factual Antecedents Respondent Eleosis V. Calo worked for petitioners – Alpha Ship Management Corporation, Junel M. Chan and their foreign principal, Chuo-Kaiun Company Limited (CKCL) – since 1998 under seven employment contracts. On February 17, 2004, respondent was once more hired by petitioners as Chief Cook on board CKCL’s vessel, MV Iris. Respondent commenced his duties as Chief Cook aboard MV Iris on March 5, 2004. On July 13, 2004, while MV Iris was in Shanghai, China, respondent suffered back pain on the lower part of his lumbar region and urinated with solid particles. On checkup, the doctor found him suffering from urinary tract infection and renal colic, and was given antibiotics. When respondent’s condition did not improve, he consulted another doctor in Chile sometime in August 2004, and was found to have kidney problems and urinary tract infection but was declared fit for work on a “light duty” basis.[6] On September 19, 2004, respondent suffered an attack of severe pain in his loin 3/27/2020, 12:44 PM

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