Geronimo Madjus (respondent) was hired on July 13, 2000 by Career
Philippines Ship Management, Inc. (petitioner) on behalf of its principal, Atlantic
Limited Marine, to work as Able Seaman under a nine-month contract on board the
vessel M/V Spring Dragon.
Before completing the contract,1[1] however, respondent was medically
repatriated on March 15, 2001 and was, upon arrival in the Philippines, treated at
the Seaman’s Hospital by the company-designated physician. He was diagnosed to
be suffering from “Nephrolithiasis” or presence of stones in his kidney,2[2] hence,
he underwent electro shockwave lithotripsy or ESWL.
In the meantime, the manning agreement between Atlantic Limited Marine
with petitioner ended.
Petitioner later entered into a contract with Marine
Management International Philippines, Inc. upon which the latter assumed
responsibility for all claims arising from employment at the MV Spring Dragon
under an Affidavit of Assumption of Responsibility.3[3]
Respondent subsequently applied for and was again hired by petitioner as
Able Seaman for another nine-month period on board the vessel Tama Star on
1
[1]
CA rollo, p. 255.
2
[2]
Vide Medical Certificate, NLRC records, p. 40.
3
[3]
Id. at 94.