G. R. No. 179177
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
the POEA.
Petitioner Nisda disembarked from M/V Algosaibi-21 at the port of Rastanura,
Kingdom of Saudi Arabia, on 12 November 2001, and was repatriated to the Philippines
for a month-long paid vacation.
On 9 December 2001, petitioner Nisda again left the Philippines for Gizan, Kingdom
of Saudi Arabia, in order to embark on the vessel M/V Algosaibi-22. His embarkation was
made in fulfillment of his contractual obligation pursuant to the 7 August 2001 POEA-SEC
he signed with respondent Algosaibi. According to the pertinent pages of his Seamans
Book, petitioner Nisdas latest deployment lasted until 7 March 2002, the day he again
disembarked from the vessel M/V Algosaibi-22 at the port of Gizan, Kingdom of Saudi
Arabia, only to embark the very next day, 8 March 2002, on another vessel, M/V
Algosaibi-42, this time, at the port of Tanjib, Kingdom of Saudi Arabia.
On 5 May 2002, petitioner Nisda was brought to the Dar Al-Taafi Medical Services
complaining of pain of parascapular region of 6 months duration [with] paresthesia and
numbness of both upper limbs.
[13]
[14]
In a Medical Report
issued by one Dr. Hossam A.
Abubeih, an Orthopedist, petitioner Nisda was diagnosed to be suffering from Myositis of
Parascapular (indistinct symbol) [with] Paresthesia on upper limbs. When examined,
petitioner Nisdas blood pressure turned out to be 160/100 mm/Hg; thus, he was advised to
[15]
follow-up for BP taking regularly.
According to petitioner Nisda, on account of the illness he suffered while on board
M/V Algosaibi-42, he signed off and disembarked from said vessel at the port of Rastanura,
Kingdom of Saudi Arabia, on 17 July 2002, and was repatriated to his point of hire, i.e.,
Quezon City, Philippines. Within three days from his arrival in the Philippines, petitioner
Nisda claimed to have presented himself at the office of Nobel for the requisite
post-employment medical examination, in compliance with the reportorial requirement
under Sec. 20(B) of his POEA-SEC. However, petitioner Nisda was allegedly asked to
return a week after for the necessary physical examination at the St. Magdalene Diagnostic
Clinic, Inc., the accredited medical service provider of Nobel.
In the meantime, petitioner Nisda went home to Miagao, Iloilo, on 18 July 2002.
Only a day after arriving in Miagao, Iloilo, petitioner Nisda complained of difficulty in
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