8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 1/14

Select target paragraph3