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SECOND DIVISION
[ G.R. No. 225190, July 29, 2019 ]
EFREN J. JULLEZA, PETITIONER, VS. ORIENT LINE PHILIPPINES,
INC., ORIENT NAVIGATION CORPORATION AND MACARIO DELA
PEÑA,* RESPONDENTS.
DECISION
CAGUIOA, J:
Before the Court is a petition for review on certiorari[1] (Petition) under Rule 45 of the
Rules of Court assailing the Decision[2] dated December 16, 2015 and Resolution[3]
dated June 16, 2016 of the Court of Appeals (CA) in CA-G.R. SP No. 136290, which
granted in part respondents' petition for certiorari under Rule 65 of the Rules of Court,
and found petitioner to be entitled only to partial permanent disability benefits.
Facts
The antecedent facts as summarized by the CA are as follows:
Private respondent [petitioner herein] was employed by petitioners
[respondents herein] as a bosun on board MV Orient Phoenix. After
undergoing the required pre-employment medical examination (PEME), he
was certified as fit for sea duty and hence, signed a contract on 21
November 2011 for a period of nine (9) months. The aforesaid employment
was covered by the IBF-JSU/PSU-IMMAJ Collective Bargaining Agreement
(CBA). Meanwhile, for lack of a replacement, the employment of private
respondent was extended.
On 19 December 2012, private respondent allegedly slipped while cleaning
the cargo hold under bad weather condition. AB Rolen Magalona wanted to
bring him to the hospital for medical attention; however, the ship master
advised private respondent to just wait a while until his extended contract
ends on 25 December 2012 and thereafter have his medical check up. In the
meantime, private respondent was given medication to alleviate the pain on
his lower back.
Upon his return to the Philippines, private respondent went to the companydesignated physician on 27 December 2012. Several tests and therapy
sessions were done until 21 February 2013 when the company-designated
[physician] certified that private respondent was suffering from bilateral
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