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740 PHIL. 638
SECOND DIVISION
[ G.R. No. 198367, August 06, 2014 ]
OSG SHIPMANAGEMENT MANILA, INC., MERCEDES M.
RAVANOPOLOUS, OSG SHIPMANAGEMENT (UK) LTD. & M/T
DELPHINA, PETITIONERS, VS. JOSELITO B. PELLAZAR,
RESPONDENT.
DECISION
BRION, J.:
For resolution is the present petition for review on certiorari,[1] assailing the decision[2]
dated May 12, 2011 and resolution[3] dated August 24, 2011 of the Court of Appeals
(CA) in CA-G.R. SP No. 108877.
The Antecedents
In September 2006, the respondent Joselito B. Pellazar (Pellazar), an oiler in the vessel
M/T Delphina, filed a complaint for permanent total disability benefits and
damages against the petitioners,[4] local manning agent C.F. Sharp Crew Management
(C.F. Sharp) and its President, Arturo Rocha. The complaint was amended to include
C.F. Sharp’s principal, OSG Ship Management (UK) Ltd., operated by Mercedes
Ravanopoulos (Ravanopoulos). The petitioners manifested that the Philippine Overseas
Employment Administration (POEA) accreditation of the M/T Delphina had been
transferred to OSG Ship Management Manila, Inc. (OSG Manila) and, that in
accordance with POEA procedures, OSG Manila assumed full responsibility for all
contractual obligations to seafarers incurred by C.F. Sharp.
Pellazar was deployed to the M/T Delphina on July 3, 2005 under an employment
contract for eight months. On November 12, 2005, while he was on duty onboard the
vessel, his right hand was injured after it was struck by a solid iron pipe. He
was given medical attention in a hospital in Brazil. On November 26, 2005, he was
medically repatriated.
Upon his arrival in Manila, Pellazar reported to OSG Manila and was referred on
November 29, 2005 to the company-designated physicians, Dr. Pedro S. De Guzman
(Dr. De Guzman) and Dr. Raymond C. Banaga (Dr. Banaga) of the Physicians’
Diagnostic Services Center, Inc. Dr. De Guzman was also the Medical Director of the
Center while Dr. Banaga was Pellazar’s attending physician. Pellazar’s working diagnosis
was “complete fracture, distal part of 5th finger, right hand post-casting.” He continued
to report to the company-designated physicians until August 14, 2006[5] for evaluation
and treatment.
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