8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 224753, June 19, 2019 ] JOSE ASPIRAS MALICDEM, PETITIONER, V. ASIA BULK TRANSPORT PHILS., INC., INTER-OCEAN COMPANY LIMITED (FORMERLY OCEAN SHIPPING COMPANY) AND ERNESTO T. TUVIDA, RESPONDENTS. DECISION CAGUIOA, J: This Petition for Review on Certiorari[1] (Petition) assails the Decision[2] dated December 17, 2015 and Resolution[3] dated May 13, 2016, both of the Court of Appeals (CA) in CA-G.R. SP No. 140137, which affirmed the Decision[4] dated December 29, 2014 and Resolution[5] dated February 24, 2015, both of the National Labor Relations Commission (NLRC). The latter issuances of the NLRC, in turn, affirmed the Decision[6] dated September 25, 2014 of the Labor Arbiter (LA), dismissing the complaint filed by petitioner Jose Aspiras Malicdem (Malicdem) against respondents. The Facts The following facts are settled: On June 1, 2011, Malicdem was hired by respondent local manning agent Asia Bulk Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co., Ltd.,[7] to board the vessel MV Yushio Princess II for a period of three (3) months. Prior to embarkation, Malicdem underwent a Pre-Employment Medical Examination (PEME) where it was noted that he had a medical history of high blood pressure and hypertension.[8] Nevertheless, he was declared "fit to work."[9] On the second week of his duty on board MV Yushio Princess II, Malicdem suffered from blurring vision and headache. He reported his condition to the Ship Captain and was eventually seen by a doctor in Japan. Upon the doctor's recommendation, Malicdem was repatriated to Manila on October 16, 2011. The following day, he was referred to a company-designated hospital, Sachly International Health Partners, particularly to a company-designated physician, Dr. Susannah Ong-Salvador (Dr. Salvador) who eventually issued a medical report[10] dated October 17, 2011 that Malicdem was suffering from glaucoma.[11] On October 22, 2011, another medical report[12] was issued by Dr. Salvador stating that Malicdem was under medical treatment and recommending surgical procedure. However, the report clarified that Malicdem's glaucoma was not work-related.[13] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276 1/17

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