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770 PHIL. 50
SECOND DIVISION
[ G.R. No. 201945, September 21, 2015 ]
MAERSK-FILIPINAS MAERSK-FILIPINAS CREWEVG, INC., INC./A.P.
MOLLER A/S, PETITIONERS, VS. ROMMEL RENE O. JALECO,
RESPONDENT.
DECISION
DEL CASTILLO, J.:
Assailed in this Petition for Review on Certiorari[1] are: 1) the March 13, 2012
Decision[2] of the Court of Appeals (CA) granting the Amended and/or Supplemental
Petition for Certiorari in CA-G.R. SP No. 118688; and 2) the CA's May 21, 2012
Resolution[3] denying reconsideration of its assailed Decision.
Factual Antecedents
On December 4, 2006, respondent Rommel Rene O. Jaleco was hired by petitioner
Maersk-Filipinas Crewing, Inc. (Maersk), on behalf of its foreign principal and copetitioner herein, A.P. Moller A/S (Moller), as Able Bodied Seaman on board the vessel
"M/T Else Maersk."[4] Respondent boarded "M/T Else Maersk" on January 16, 2007 and
commenced his work.
Sometime in February 2007, respondent complained of intermittent pain on the left
buttock radiating to the. lower back and left groin.[5] When examined in Singapore on
April 13, 2007, his lumbosacral spine x-ray generated normal results but he was
diagnosed as having "suspected prolapsed intervertebral disc." Nonetheless, he was
declared fit to sail.[6]
On April 29, 2007, respondent was once more examined in Dubai, United Arab
Emirates, where the doctor diagnosed him with "acute lumbago with left-sided sciatica
r/o disc prolapsed."[7] He was advised to obtain an MRI[8] scan of the lumbar spine,
undergo neurosurgical review, and to avoid lifting heavy objects for one week.
Moreover, he was declared unfit for duty.[9]
Respondent was repatriated on May 1, 2007 and was immediately referred to the
company-designated physician, Dr. Natalio Alegre II (Dr. Alegre), who examined him on
May 2 and 3, 2007. He found respondent to be suffering from "paralumbar spasm and
limitation of movement due to pain. Straight leg raise is normal and sensation intact."
[10] He prescribed medication and physical therapy at three sessions per week.[11]
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