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737 Phil. 102
FIRST DIVISION
[ G.R. No. 195598, June 25, 2014 ]
TEEKAY SHIPPING PHILIPPINES, INC., TEEKAY SHIPPING LIMITED
AND ALEX VERCHEZ, PETITIONERS, VS. EXEQUIEL O. JARIN,
RESPONDENT.
RESOLUTION
REYES, J.:
This is an appeal under Rule 45 of the Rules of Court filed by Teekay Shipping
Philippines, Inc. (Teekay Phils.), Teekay Shipping Limited (Teekay Ltd.), and Alex
Verchez (Verchez) (petitioners) assailing the Decision[1] dated November 26, 2010 and
Resolution[2] dated February 9, 2011 of the Court of Appeals (CA) in CA-G.R. SP. No.
114882 awarding permanent disability benefits and sickness allowance in favor of
Exequiel O. Jarin (Jarin).
Facts of the Case
Teekay Phils. is a domestic corporation engaged in the recruitment of maritime
personnel for its foreign principal, Teekay Ltd. Verchez is the president of Teekay Phils.
After passing the standard Pre-Employment Medical Examination, the petitioners hired
Jarin as Chief Cook on July 6, 2006 for a period of eight months with a basic monthly
salary of US$722.40.[3] Jarin was deployed on July 9, 2006 onboard M.T. Erik Spirit, a
crude oil tanker.
During the third week of February 2007, M.T. Erik Spirit was in Canada when Jarin
complained of swelling in the joints of his two elbows. Jarin was taken to a Canadian
hospital where he was diagnosed with rheumatoid arthritis. Steroid-based medications
were administered to him and they caused him the side effects of puffiness of the face
and edema.[4] Despite of this, however, Jarin was able to complete his employment
contract. He was repatriated on March 24, 2007.
Upon arrival in the Philippines, Jarin immediately reported to the petitioners. On March
27, 2007, he was referred to company-designated physician, Dr. Christine O. Bocek
whose Post-Medical Report showed that Jarin has “moon facies and bipedal edema
secondary to steroid intake, [r]heumatoid arthritis, resolving and upper respiratory
tract infection.”[5]
On April 12, 2007, Jarin was referred to another company-designated physician at the
Metropolitan Medical Center (MMC) for further assessment under the care of Dr. Wilanie
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