6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
784 Phil. 203
THIRD DIVISION
[ G.R. No. 212382, April 06, 2016 ]
SCANMAR MARITIME SERVICES, INCORPORATED, CROWN
SHIPMANAGEMENT INC., LOUIS DREYFUS ARMATEURS AND M/T
ILE DE BREHAT AND/OR MR. EDGARDO CANOZA, PETITIONERS,
VS. EMILIO CONAG, RESPONDENT.
DECISION
REYES, J.:
This is a Petition for Review on [1] from the Decision[2] dated January 27, 2014 of the
Court of Appeals (CA) in CA-G.R. SP No. 119282, which reversed the Decision[3] dated
November 30, 2010 of the National Labor Relations Commission (NLRC) in NLRC LAC
No. OFW(M) 09-000666-10 and ordered the reinstatement of the Decision[4] of the
Labor Arbiter (LA) dated July 8, 2010 in NLRC RAB NCR Case No. (M) 02-02666-10.
Since 2002, respondent Emilio A. Conag (Conag) had been deployed annually by
petitioner Scanmar Maritime Services, Inc. (Scanmar) as a bosun's mate aboard foreign
vessels owned or operated by its principal, Crown Ship Management, Inc./Louis Dreyfus
Armateurs SAS (Crown Ship). On March 27, 2009, he was again deployed as a bosun's
mate aboard the vessel M/T Ile de Brehat. According to him, his job entailed lifting
heavy loads and occasionally, he would skid and fall while at work on deck. On June 19,
2009, as he was going about his deck duties, he felt numbness in his hip and back. He
was given pain relievers but the relief was temporary. Two months later, the pain
recurred with more intensity, and on August 18, 2009 he was brought to a hospital in
Tunisia.[5]
On August 25, 2009, Conag was medically repatriated. Upon arrival in Manila on August
27, 2009, he was referred to the company-designated physicians at the Metropolitan
Medical Center (MMC), Marine Medical Services, where he was examined and subjected
to laboratory examinations.[6]
The laboratory tests showed that Conag had "Mild Lumbar Levoconvex Scoliosis and
Spondylosis; Right S1 Nerve Root Compression," with an incidental finding of "Gall
Bladder Polyposis v. Cholesterolosis"[7] For over a period of 95 days, he was treated by
the company-designated physicians, Drs. Robert Lim (Dr. Lim) and Esther G. Go (Dr.
Go), and in their final medical report[8] dated December 1, 2009, they declared Conag
fit to resume sea duties. Later that, day, Conag signed a Certificate of Fitness for Work,
[9] written in English and Filipino. Conag claimed that he was required to sign the
certificate as a condition sine qua non for the release of his accumulated sick pay.[10]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61899
1/12