8/26/2020
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FIRST DIVISION
[ G.R. No. 199052, June 26, 2019 ]
JEBSEN MARITIME INC., VAN OORD SHIPMANAGEMENT B.V.
AND/OR ESTANISLAO SANTIAGO, PETITIONERS, VS. TIMOTEO
GAVINA, SUBSTITUTED BY HIS HEIRS, REPRESENTED BY
SURVIVING SPOUSE NORA J. GAVINA, RESPONDENT.
DECISION
CARANDANG, J.:
Before this Court is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of
Court, assailing the Decision[2] dated August 25, 2011 and Resolution[3] dated October
19, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 113608, filed by Jebsen
Maritime, Inc., Van Oord Ship Management B.V. and/or Estanislao Santiago
(petitioners).
Facts of the Case
This case arose from a disability complaint filed by seaman Timoteo O. Gavina (Timoteo
substituted by his heirs, represented by the surviving spouse, Nora J. Gavina, herein
referred to as respondent) against petitioners.[4]
The respondent averred that on May 5, 2007, Timoteo embarked on vessel M/V Volvos
Terranova as a fitter for a four-month employment contract. This was his 17th
employment term after having been a seafarer for 34 years. As a fitter, Timoteo is
engaged in welding all piping materials, including the cutting of iron pipes, grinding
and/or sanding of iron pipes necessary for fittings.[5]
On July 11, 2007, his employment contract was cut short as he was repatriated due to
persistent cough and difficulty in breathing. He arrived in Manila on July 12, 2007 and
proceeded to the PHILAMCARE Health Systems, Inc. for a check up on July 14, 2007.
The initial results of the check-up showed him having pneumonia and bronchiectasis.[6]
On September 27, 2007, Dr. Dennis C. Teo (Dr. Teo), Timoteo's attending physician,
issued a certification that "the patient is no (sic) condition to work." He was certified to
be unfit for sea service with disability grade I.[7] On October 24, 2007, Timoteo filed
the instant complaint to the Labor Arbiter (LA). After a series of further tests, he was
diagnosed of having lung cancer.[8]
Upon request of petitioners, on January 11, 2008, Timoteo was seen by Dr. Rhoel
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