4/14/2021
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SECOND DIVISION
[ G.R. No. 244721, February 05, 2020 ]
JOLLY D. TEODORO, PETITIONER, VS. TEEKAY SHIPPING
PHILIPPINES, INC., RESPONDENT.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated August 24,
2018 and the Resolution[3] dated February 8, 2019 of the Court of Appeals (CA) in CAG.R. SP No. 153637 which affirmed with modifications the Decision[4] dated August 16,
2017 of the Panel of Voluntary Arbitrators (PVA), National Conciliation and Mediation
Board (NCMB), Department of Labor and Employment (DOLE), granting petitioner Jolly
D. Teodoro (petitioner) partial and permanent disability benefits only and deleted the
award of attorney's fees.
The Facts
On February 17, 2015, petitioner was hired as Chief Cook by respondent Teekay
Shipping Philippines, Inc. (TSPI), for its principal, Teekay Shipping Limited (TSL), on
board the vessel M.T. Al Marrouna for a period of eight (8) months, with such being
covered by a Contract of Employment[5] and a Collective Bargaining Agreement[6]
(CBA) between TSPI, on behalf of TSL, and the Philippine Seafarers' Union (PSU) - ALU
TUCP.[7]
After
undergoing
the
required
pre-employment
medical
examination,
duty[8]
petitioner was declared fit for
by the company-designated physician
notwithstanding the former's declaration of Dyslipidemia and diabetes mellitus. For this
reason, petitioner was made to sign an Affidavit of Undertaking[9] relative to his health
condition before boarding the vessel on March 14, 2015.[10]
On June 30, 2015, the ship arrived at the port of Fujairah, United Arab Emirates, to get
its food supplies. Petitioner claimed that aside from preparing meals for the officers and
crew, he also assisted in hauling the food provisions from the upper deck of the ship to
its reefer where the food items were frozen and stored at the meat and fish rooms,
respectively. Because of the sudden extreme changes in temperature from the upper
deck to the freezer during the hauling and storage process, petitioner experienced a
fever-like symptom with body pain and blindness in his left eye the following day.[11]
He was brought to a hospital in India where he was diagnosed with "Left Eye
Endophthalmitis with Orbital Cellulitis;" subsequently, he was repatriated on July 10,
2015 for further medical treatment.[12]
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