5/19/2021
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SECOND DIVISION
[ G.R. No. 239299, July 08, 2020 ]
INTERCREW SHIPPING AGENCY, INC., STAR EMIRATES MARINE
SERVICES AND/OR GREGORIO ORTEGA, PETITIONERS, VS.
OFRECINO B. CALANTOC, RESPONDENT.
DECISION
INTING, J.:
This is a Petition for Review on Certiorari[1] under Rule 45 of the 1997 Rules of Civil
Procedure that seeks to annul and set aside the Decision[2] dated November 27, 2017
and the Resolution[3] dated May 10, 2018 of the Court of Appeals (CA) in CA-G.R. SP
No. 141153, and to reinstate the Decision[4] dated March 31, 2015 of the National
Labor Relations Commission (NLRC) dismissing the complaint for disability
compensation for lack of merit.
The Antecedents
On March 14, 2008, Intercrew Philippines Agency, Inc. (Intercrew Shipping) hired
Ofrecino B. Calantoc (respondent) for its foreign principal, Star Emirates Marine
Services (Star Emirates), as fourth engineer for a period of 12 months with a basic
monthly salary of US$700.00. As such, respondent underwent a pre-employment
medical examination and was declared "fit for sea duty," despite his high blood
pressure.[5]
On March 20, 2008, respondent was deployed to join the vessel MV Oryx. Four months
into his contract, respondent already experienced a slurring of speech, weakness on his
right side, and was diagnosed with a mild stroke. However, he still continued his work
on board the vessel, but he later on requested to be repatriated when his condition
worsened.[6]
On July 14, 2008, respondent arrived in the Philippines. He immediately reported to
Intercrew Shipping, Star Emirates and Gregorio Ortega, as the President/General
Manager of Intercrew Shipping (collectively, petitioners) and requested for medical
assistance, but to no avail. Respondent made several requests, but were repeatedly
refused. He was then constrained to consult a doctor at his own expense.[7]
On January 9, 2009, respondent then underwent a Magnetic Resonance Imaging (MRI)
examination which revealed a large convexity meningioma,[8] a tumor in the left
frontoparietal region. On the same date, respondent was admitted to the University of
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