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SECOND DIVISION
[ G.R. No. 232892, April 04, 2018 ]
ALFREDO MALLARI MAGAT, PETITIONER, V. INTERORIENT
MARITIME ENTERPRISES, INC., INTERORIENT MARITIME
ENTERPRISE LIBERIA FOR DROMON E.N.E. AND JASMIN P.
ARBOLEDA, RESPONDENT.
DECISION
PERALTA, J.:
This is to resolve the Petition for Review on Certiorari under Rule 45 of the Rules of
Court dated September 2, 2017 of petitioner Alfredo Mallari Magat that seeks to
reverse and set aside the Decision[1] dated October 25, 2016 and the Resolution[2]
dated July 5, 2017, both of the Court of Appeals (CA) in CA-G.R. SP No. 138327 and
prays for the reinstatement of the Decision[3] dated August 14, 2014 of the National
Labor Relations Commission (NLRC) granting petitioner disability benefits in the amount
of US$60,000.00 and ten percent (10%) thereof as attorney's fees, in Philippine peso
at the time of payment.
Petitioner has started work with respondent Interorient Maritime Enterpises, Inc.
(respondent company) as an Able Seaman on board different vessels since March 2007.
Sometime in May 2011, respondent company once again employed the services of
petitioner on board the vessel MT North Star for a period of nine (9) months. Petitioner
underwent a Pre-Employment Medical Examination (PEME) as a requisite for his latest
employment and was certified "fit to work," thus, he was deployed on July 1, 2011.
Part of petitioner's job assignment was to paint the ship's pump room and due to the
poor ventilation in the said room, petitioner claimed that he was able to inhale residues
and vapors coming from the paint and thinner that he used. As such, petitioner
suffered shortness of breath and chest pains which he claimed to have reported to the
Chief Mate but was told by the latter to just rest. When his condition improved,
petitioner continued to perform his duties until he was able to complete his contract on
July 6, 2012.
Upon his repatriation, petitioner reported immediately to respondent company and
asked for a referral to the company physician for a medical examination of his heart
condition but the latter ignored petitioner's request. Petitioner was then asked to
execute an Offsigner's Data Slip on July 9, 2012 indicating therein that he did not
experience any illness or injury during his employment on board the vessel, and
manifested his willingness to join the vessel again after three (3) months. However, due
to episodes of chest pains, petitioner went to the Veterans Memorial Medical Center on
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