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Japan Seamen's Union/Associated Marine Officers' and Seamen's Union of the
Philippines-International Mariners Management Association of Japan Collective
Bargaining Agreement (CBA).[10]
Respondent left the Philippines and boarded M/V New Hayatsuki at the port of Manta,
Ecuador on July 23, 2011.[11]
Aside from the normal duties of a Chief Cook, respondent alleged that he also helped in
the loading and unloading of tons of cargoes of skipjack, tuna fish and big squid from
numerous fishing boats in the high seas of the Pacific Ocean and then unloading them
at different ports of destinations.[12]
On March 15, 2012, while the M/V New Hayatsuki was sailing on the Pacific Ocean
within the State of Peru in West South America, respondent noticed swelling and felt
pain in his testicles after lifting, carrying and loading heavy sacks of big squid into the
ship and performing chamber cleaning works. Respondent informed his Chief Officer
about this and he was given antibiotics for temporary relief.[13]
At around 9:00 p.m. of April 17, 2012, in yet another course of loading heavy sacks full
of skipjack, tuna fish and big squid into the ship, respondent averred that he
accidentally slipped and lost his balance. Although he felt a crack at his lower back, he
did not make much of it given that the pain was tolerable at that time. He continued
with his task of loading the cargoes together with the other crew members until the
reefer ship was fully loaded and set sail for Bangkok, Thailand where the cargoes will
be unloaded.[14]
On April 20, 2012, while the reefer ship was en route to Bangkok, Thailand, respondent
alleged that the swelling and the pain in his testicles, and his back pains became
alarming so he reported the same to his ship master, Captain Isamo Yamamoto
(Captain Yamamoto),[15] and requested for a referral to a port doctor in Bangkok,
Thailand, their next port of call.[16]
When they reached the port of Bangkok, Thailand on May 18, 2012, respondent was
surprised when the ship captain, instead of referring him to a port doctor, told him that
he will be repatriated and that his replacement was already waiting to board the reefer
ship. Thus, respondent claimed that he just asked Captain Yamamoto for a medical
referral upon his arrival in the Philippines.[17]
Respondent left Bangkok, Thailand on May 18, 2012 and arrived in the Philippines on
the same day. Without wasting time, he immediately went to Falcon Maritime, the local
manning agency, and personally delivered Captain Yamamoto's referral letter to
petitioner Jose, who, in turn, referred him to NGC Medical Specialist Clinic, Inc.
On May 21, 2012, respondent was examined by Dr. Paul C. Comising (Dr. Comising),
the company-designated physician, and was diagnosed with varicocoele, bilateral.[18]
On May 22, 2012, he underwent Inguinoscrotal Ultrasound with Color Doppler at the
University Physicians Medical Center which revealed he following findings:
IMPRESSION:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65134
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