8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65354 1/8

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