7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly FIRST DIVISION [ G.R. No. 207344, November 18, 2020 ] OSG SHIPMANAGEMENT MANILA, INC., MICHAELMAR SHIPPING SERVICES, INC., AND/OR MA. CRISTINA PARAS, PETITIONERS, VS. VICTORIO B. DE JESUS, RESPONDENT. DECISION GAERLAN, J.: Subject to review under Rule 45 of the Rules of Court at the instance of petitioners OSG Shipmanagement Manila, Inc., Michaelmar Shipping Services, Inc., and/or Ma. Cristina Paras, are the Decision[1] promulgated on January 31, 2013 and the Resolution[2] dated May 28, 2013 in CA-G.R. SP No. 120916, whereby the Court of Appeals (CA) reversed the National Labor Relations Commission's (NLRC) Decision[3] dated March 31, 2011 in NLRC LAC (OFW­M) No. 08-000633-10. The Antecedents Victoria B. De Jesus (respondent) alleged that he was hired by petitioner OSG Shipmanagement Manila, Inc. (petitioner), for and in behalf of Michaelmar Shipping Services, its foreign principal on Board "M/T OVERSEAS ANDROMAR, as Second Cook on January 15, 2008. His contract period was for eight months on the board the vessell M/T OVERSEAS ANDROMAR.[4] Prior to boarding on February 20, 2008, he underwent medical examination and was declared "Fit to work."[5] Several days after boarding, respondent noticed that the drinking water is salty and dirty. During the voyage, respondent experienced sudden pain all over his body and experienced nausea.[6] Thus, when the ship anchored in Rotterdam, Netherlands, he consulted a doctor who diagnosed him with Costen Syndrome. Despite taking medication, respondent's condition did not improve. Hence, he was sent to a doctor in Singapore and then in China, who diagnosed him of urethritis and kidney stones.[7] Respondent further averred that when he was repatriated to the Philippines on November 14, 2008, petitioner refused to let him undergo a medical examination due to the absence of a master's medical pass.[8] He was, thus, constrained to seek treatment from his personal doctor. He then underwent Nephrectomy, a surgery to remove one of his kidneys.[9] On August 26, 2009, a doctor at the Intellicare Makati Clinic certified that respondent is no longer fit for maritime duties.[10] Thus, he filed a complaint for full disability compensation against petitioners. For their part, petitioners averred that respondent was repatriated due to a finished https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66977 1/14

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