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761 PHIL. 270
FIRST DIVISION
[ G.R. No. 191899, June 22, 2015 ]
JULIUS R. TAGALOG, PETITIONER, VS. CROSSWORLD MARINE
SERVICES INC., CAPT. ELEASAR G. DIAZ AND/OR CHIOS MARITIME
LTD. ACTING IN BEHALF OF OCEAN LIBERTY LTD, RESPONDENTS.
DECISION
PEREZ, J.:
Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of
Court assailing the Decision[1] dated 26 January 2010 and Resolution[2] dated 12 April
2010 of the Court of Appeals in CA-G.R. SP No. 110168. The Court of Appeals
dismissed the complaint for permanent disability benefits filed by petitioner Julius R.
Tagalog.
The facts follow.
Respondents Crossworld Marine Services Inc., a local manning agent and its foreign
principal, Chios Maritime, Ltd., acting in behalf of Ocean Liberty, Ltd., hired petitioner
as Wiper/Oiler on board the vessel M/V Ocean Breeze. Petitioner’s contract of
employment was for a fixed period of 12 months with a monthly basic salary of
$220.00. On 11 January 2005, petitioner left the country to board the vessel.
Sometime in November 2005, petitioner injured his eye when he accidentally splashed
his eyes with a cleaning solution mixed with a strong chemical while cleaning the cooler
of the main engine of the vessel. On 2 December 2005, he was brought to a hospital in
Port of Spain, Trinidad and Tobago where he was diagnosed to have bilateral pterygium
and declared unfit to work. On 8 and 15 December 2005, petitioner underwent
operations on both eyes at the Port of Pointe-a-Pierre. On 10 January 2006, petitioner
went to see an ophthalmologist in the Port of Sea Lots due to pain and excessive
tearing on his right eye. He was diagnosed to have granuloma of the conjunctive right.
An excision was done on the same day and continuing medication was advised.
On 21 January 2006, petitioner signed off from his vessel. Upon his arrival in Manila on
23 January 2006, he reported to Crossworld Marine Services where he was referred to
the company-designated physician Dr. Susannah Ong-Salvador (Dr. Ong-Salvador) for
post-employment medical examination. Petitioner was diagnosed to have aggressive
fleshy pterygium S/P Excision of Pterygium and Granuloma, both eyes, S/P excision of
pterygium with conjunctival grafting, right eye. On 23 February 2006, petitioner
underwent a pterygium excision with conjunctival graft on his right eye at the
University of Santo Tomas (UST) hospital. He was discharged two days later and given
oral pain relievers. On 17 March 2006, petitioner was subjected to the same procedure
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