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780 Phil. 100
SECOND DIVISION
[ G.R. No. 212878, February 01, 2016 ]
MARLOW NAVIGATION PHILS., INC., MARLOW NAVIGATION CO.,
LTD., W. BOCKSTLEGEL REEDEREI (GERMANY), ORLANDO D.
ALIDIO AND ANTONIO GALVEZ, JR., PETITIONERS, VS. WILFREDO
L. CABATAY, RESPONDENT.
DECISION
BRION, J.:
We resolve the present petition for review on certiorari[1] which seeks to nullify the May
31, 2013 decision[2] and June 4, 2014 resolution[3] of the Court of Appeals in CA-G.R.
SP No. 120698.
The Antecedents
The respondent Wilfredo Cabatay (Cabatay) entered into a ten-month contract of
employment as able seaman with the petitioners Marlow Navigation, Philippines, Inc.,
(agency) and its principal Marlow Navigation Co., Ltd., (Marlow Navigation), for the
vessel M/V BBC OHIO. The contract was supplemented by a collective bargaining
agreement or the Total Crew Cost Fleet Agreement (TCC-FA)[4] between the
International Workers Federation (ITF) and Marlow Navigation. He boarded the vessel
on November 23, 2009.
While on duty on December 30, 2009, Cabatay fell from a height of four meters in his
work area; his side, shoulder, and head were most affected by his fall. He was brought
to a hospital in Huangpu, China, where he was diagnosed with "Left l-4 Verterbra
Transverse Bone broken (accident)." He was declared unfit to work for 25 days. On
January 7, 2010, he was medically repatriated.
Cabatay arrived in Manila on January 8, 2010, and was immediately referred to the
company doctor, Dr. Dolores Tay (Dr. Tay), of the International Health Aide Diagnostic
Services, Inc., for examination and treatment. He underwent several tests, including a
CT scan and a repeat audiometry and MRI.
On March 19, 2010, Cabatay complained of right shoulder pain. On April 13, 2010, he
underwent surgery on the rotator cuff on his shoulder. After surgery, he missed several
appointments with Dr. Tay and failed to undergo his physiotherapy on time, starting it
only on May 25, 2010. Earlier, or on May 7, 2010, Dr. Tay gave Cabatay an interim
disability assessment of Grade 10 for his shoulder injury and Grade 3 for impaired
hearing. She expected Cabatay's hearing and shoulder problems to be resolved within
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