8/26/2020
E-Library - Information At Your Fingertips: Printer Friendly
SECOND DIVISION
[ G.R. No. 241857, June 17, 2019 ]
CAREER PHILS. SHIPMANAGEMENT, INC., CMA SHIPS UK LIMITED,
AND SAMPAGUITA D. MARAVE, PETITIONERS, VS. JOHN
FREDERICK T. TIQUIO, RESPONDENT.
DECISION
PEARLS-BERNABE, J .:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated February 7,
2018 and the Resolution[3] dated August 30, 2018 of the Court of Appeals (CA) in CAG.R. SP No. 145518, which reversed and set aside the Decision[4] dated November 26,
2015 and the Resolution[5] dated February 29, 2016 of the National Labor Relations
Commission (NLRC) in NLRC LAC OFW (M)-06-000494-15 and accordingly, reinstated
the Decision[6] dated April 30, 2015 of the Labor Arbiter (LA) in NLRC-NCR-Case No.
09-10777-14 granting respondent John Frederick T. Tiquio's (Tiquio) claim for total and
permanent disability benefits under the Philippine Overseas Employment
Administration-Standard Employment Contract (POEA-SEC),[7] as well as attorney's
fees.
The Facts
On November 14, 2012, petitioners Career Phils.[8] Shipmanagement, Inc., acting on
behalf of CMA Ships UK Limited (petitioners), hired Tiquio as ordinary seaman under a
nine (9)-month employment contract.[9] He embarked on the vessel "CMA CGM
HYDRA" on November 16, 2012. On June 17, 2013, while on board the vessel en route
to France, Tiquio suffered high fever, nausea, and vomiting. Despite medications, his
condition worsened.[10] Thus, he was sent to an offshore clinic in France on June 28,
2013, where he was diagnosed with hyperthyroidism,[11] and was recommended for
repatriation for proper medical treatrnent.[12] As a result, Tiquio was medically
repatriated on June 29, 2013 and was immediately referred to the Associated Marine
Officers' and Seamen's Union of the Philippines Seamen's Hospital, where he was
diagnosed by Dr. Jay S. Fonte (Dr. Fonte), the company-designated physician (CDP),
with hyperthyroidism secondary to Graves' Disease.[13] Tiquio thereafter underwent
medical treatment for a year.[14] On June 23, 2014,[15] Dr. Fonte issued a Medical
Certification[16] stating that Tiquio's status post radioactive iodine therapy showed
persistence of symptoms, and thus, referred the latter for repeat radioactive iodine
therapy. Additionally, Dr. Fonte reiterated that Tiquio is unfit for work and that his
illness is "NOT Work Oriented."[17]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65357
1/20