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

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