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As Gepanaga was able to complete his contract with no incident, the parties mutually
agreed to extend his tenure as Wiper Maintenance. What happened shortly thereafter
was what sparked the current controversy.
On November 28, 2008, while Gepanaga was doing maintenance work, his middle
finger got caught between the cast metal piston liners of the diesel generator. He was
then given first aid on board the vessel and was later brought to a hospital in
Omaezaki, Japan. In the hospital, Gepanaga was diagnosed with “open fracture of [the]
distal phalanx, left middle finger.”[12] He was repatriated on December 3, 2008.
On December 4, 2008, Gepanaga reported right away to the clinic of Dr. Nicomedez G.
Cruz (Dr. Cruz), the company-designated physician. After Gepanaga was referred to
the orthopedic surgeon of his clinic, Dr. Cruz concurred in the initial findings of doctors
in Japan that Gepanaga was suffering from a “[c]rushing injuring with fracture distal
phalanx left middle finger.”[13] After a series of medical treatments, Dr. Cruz noted that
Gepanaga no longer suffered the pain in the affected area and that his “grip is good
and functional.” Dr. Cruz thus issued his medical report, dated March 4, 2009,
declaring that Gepanaga was “cleared fit to go back to work.”[14]
Unconvinced that he had fully recovered from his injury, Gepanaga filed a complaint[15]
against Veritas, Marquez and “K” Line Ship Management, Inc., claiming that the latter is
the foreign principal of Veritas and owner of the M.V. Melbourne Highway.[16]
Several days after filing his complaint, Gepanaga sought the opinion of Dr. Edmundo A.
Villa (Dr. Villa) of the Sogod District Hospital in Leyte. That same day, Dr. Villa gave his
medical report finding that Gepanaga suffered from ���permanent disability due to old
compound fracture of the 3rd left phalanx/middle finger-left.”[17] Thus, when Gepanaga
filed his position paper,[18] he included Dr. Villa’s report to support his contention that
the injuries he had sustained while on board the M.V. Melbourne rendered him
permanently unfit to work.
Ruling of the Labor Arbiter
On August 27, 2009, the LA dismissed the complaint for lack of merit. Finding the
evaluation of the company-designated physician, Dr. Cruz, more credible than the
findings of Dr. Villa, the LA opined that because he was the one who attended to
Gepanaga from his repatriation until he was declared fit to work, Dr. Cruz was in the
best position to make the evaluation of Gepanaga’s true state of health. Moreover, the
LA denied the claim for sick wages allowance after it found that as early as March 4,
2009, Gepanaga was already cleared to return to work. For lack of substantial
evidence, the LA also denied Gepanaga’s claims for reimbursement of his medical
expenses, for damages and attorney’s fees.
Ruling of the NLRC
As stated above, in its February 10, 2010 Decision, the NLRC found merit in
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59123
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