of local manning agent Seagull Maritime Corporation. He was assigned to the
vessel M/V Castor.
On May 3, 2000, a passing ship collided with M/V Castor while it was berthed in
Hamburg, Germany. Its portable gangway got jammed between the other ships
walls and the shore rail. Then, it suddenly moved back to the berth. Because of
these rapid movements, private respondents left foot was pinned between the ships
two metal beams and was crushed.
After initial treatment at a German hospital, private respondent was repatriated
back to the Philippines to receive medical treatment. He was examined and treated
in several hospitals and clinics. He was operated on twice (application of pin in
May 2000 and removal of pin in August 2000) and underwent eight months of
physical therapy.
Despite the treatment, private respondent continued to suffer from severe pain and
difficulty in moving and weight-bearing on the left foot while ambulating.
As a result of his condition, private respondent filed a complaint in the
NLRC against petitioners for the payment of permanent total disability benefits
amounting to US$60,000.
Petitioners interposed the defense that private respondents condition could still be
remedied by a triple arthrodesis operation. They were thus surprised when he
rejected it. They also vehemently opposed the amount of the claim. They argued
that the company-designated physician, Dr. Albert M. Manalang, characterized