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THIRD DIVISION
[ G.R. No. 195878, January 10, 2018 ]
MAGSAYSAY MITSUI OSK MARINE, INC., KOYO MARINE, CO. LTD.,
AND CONRADO DELA CRUZ, PETITIONERS, VS. OLIVER G.
BUENAVENTURA, RESPONDENT.
DECISION
MARTIRES, J.:
This petition for review on certiorari seeks to reverse and set aside the 18 March 2010
Decision[1] and the 28 February 2011 Resolution[2] of the Court of Appeals (CA) in CAG.R. SP No. 109150 which reversed and set aside the 19 January 2009 Resolution[3] of
the National Labor Relations Commission (NLRC). The NLRC affirmed the 30 May 2008
Decision[4] of the Labor Arbiter (LA).
THE FACTS
Petitioner Magsaysay Mitsui OSK Marine, Inc. (Magsaysay), on behalf of its principal
Koyo Marine Co. Ltd., hired respondent Oliver G. Buenaventura (Buenaventura) as an
ordinary seaman on board the vessel Meridian. The contract was for nine months, with
a basic monthly salary of $403.00 and subject to the JSU collective bargaining
agreement (CBA).[5]
On 25 January 2007, Buenaventura met an accident wherein a mooring winch crushed
his right hand. As a result, he suffered a fracture of the right first metacarpal bone and
open fracture of the right second metacarpal bone, which required emergency surgical
procedures both done in Japan.[6]
On 21 February 2007, Buenaventura was medically repatriated. He was referred to the
Maritime Medical Service, the company-designated clinic, and was attended to by Dr.
Stephen Hebron (Dr. Hebron). Dr. Hebron then referred Buenaventura to Dr. Celso
Fernandez (Dr. Fernandez), an orthopedic surgeon. On 3 August 2007, Dr. Hebron
declared Beunaventura fit to work after undergoing conservative management,
continuous rehabilitation physiotheraphy, and occupational therapy. Nevertheless,
Buenaventura still felt pain in his hand especially during cold weather.[7]
In a medical certificate dated 12 September 2007, Dr. Hebron stated that according to
Dr. Fernandez, the MC plates in Buenaventura's right hand might be contributing to the
pain. According to him, the removal of the MC plates would cost around P70,000.00,
which would not be shouldered by Magsaysay. This prompted Buenaventura to consult
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