6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 225995, November 20, 2017 ] TEODORO V. VENTURA, JR., PETITIONER, V. CREWTECH SHIPMANAGEMENT PHILIPPINES, INC.,[*] RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI S.P.A., AND/OR ANGELITA ANCHETA, RESPONDENTS. DECISION PERLAS-BERNABE, J.: Assailed in this petition for review on certiorari[1] are the Decision[2] dated March 1, 2016 and the Resolution[3] dated July 4, 2016 of the Court of Appeals (CA) in CA-G.R. SP No. 142802 which reversed and set aside the Decision[4] dated June 30, 2015 and the Resolution[5] dated August 27, 2015 of the National Labor Relations Commission (NLRC) in NLRC LAC (OFW-M)-06-000514-15, and instead, reinstated the Labor Arbiter's (LA) Decision[6] dated April 30, 2015 dismissing the complaint for total and permanent disability benefits, but ordered respondent Elburg Shipmanagement Phils., Inc. to pay petitioner Teodoro V. Ventura, Jr. (petitioner) his unpaid sickness allowance and 10% attorney's fees. The Facts Petitioner was employed by respondent Crewtech Shipmanagement Philippines, Inc. (Crewtech), for its principal, Rizzo-Bottiglieri-De Carlini Armatori S.P.A. (Rizzo), as Chief Cook on board the vessel MV Maria Cristina Rizzo under a nine (9)-month contract[7] that was signed on October 18, 2013, with a basic monthly salary of US$710.00 exclusive of overtime pay and other benefits. After undergoing the required preemployment medical examination (PEME) where he was declared fit for sea duty[8] by the company-designated physician, petitioner boarded the vessel on October 31, 2013. [9] Petitioner claimed to have been consistently employed as such by Crewtech for the past three (3) years and assigned at its different vessels.[10] On April 4, 2014, the vessel MV Maria Cristina Rizzo was transferred to respondent Elburg Shipmanagement Phils., Inc. (Elburg) which assumed full responsibility for all contractual obligations to its seafarers that were originally recruited and processed by Crewtech.[11] Sometime in April 2014, petitioner complained to the Chief Mate that he was having a hard time urinating that was accompanied by lower abdominal pain. He was given pain relievers and advised to take a substantial amount of water. Upon reaching the port of Singapore on April 30, 2014, petitioner was brought to a specialist at the Maritime elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63721 1/13

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