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SECOND DIVISION
[ G.R. No. 245917, February 26, 2020 ]
JOSUE A. ANTOLINO, PETITIONER, VS. HANSEATIC SHIPPING
PHILS. INC., LEONHARD & BLUMBERG REEDEREI GMBH & CO. KG,
AND/OR ROSALINDA P. BAUMANN, RESPONDENTS.
DECISION
A. REYES, JR., J.:
Medical abandonment by a seafarer carries serious consequences. When a sick or
injured seafarer abandons his or her treatment, he or she forfeits the right to claim
disability benefits. Of course, financial incapacity to travel to and from the place of
treatment may serve as an acceptable justification for failure to attend a check-up.
That said, an allegation of financial incapacity, like all allegations, must be supported
by clear and convincing evidence. This is especially true in situations where the
manning agency has consistently provided the seafarer with sickness allowance during
the treatment period.
This petition for review on certiorari[1] challenges the October 31, 2018 Decision[2] and
the March 7, 2019 Resolution[3] rendered by the Court of Appeals (CA) in CA-G.R. SP
No. 150538.
Through the challenged decision and resolution, the appellate court upheld the October
21, 2016 Decision[4] and the February 27, 2017 Resolution[5] of the National Labor
Relations Commission (NLRC), which reversed the August 8, 2016 Decision[6] of the
Labor Arbiter (LA) awarding total and permanent disability benefits to Josue A. Antolino
(Antolino).
The Factual Antecedents
Petitioner Antolino was hired by respondent Hanseatic Shipping Phils. Inc. (Hanseatic)
on behalf of its foreign principal, respondent Leonhard & Blumberg Reederei[7] GMBH &
Co. KG, to work as a bosun on board the M/V Hansa Fresenburg. Antolino's contract
was to last for 10 months, earning him a monthly salary of US$810.00.[8]
While performing his duties on board the vessel, Antolino met an accident resulting in
the injury complained of At 8:30 a.m. on June 5, 2015, he was preparing the gangway
net at the ship's starboard side together with another seafarer. He then stepped on the
container stacking shoes and lost his balance. As he fell down, he used his left hand to
cushion his fall, hurting his elbow in the process.[9]
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