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SECOND DIVISION
[ G.R. No. 214906, January 16, 2019 ]
ABOSTA SHIPMANAGEMENT CORP., CIDO SHIPPING COMPANY
LTD., AND ALEX S. ESTABILLO, PETITIONERS, V. DANTE C. SEGUI,
RESPONDENT.
DECISION
J. REYES, JR., J.:
This labor case is about a seaman's claim for a maximum benefit of permanent and
total disability benefits, and attorney's fees.
The Facts of the Case
As narrated by Labor Arbiter (LA) Fatima Jambaro-Franco (LA Franco), the facts are the
following:
[Respondent Dante C. Segui] alleged that he was hired by the [petitioners
Abosta Shipmanagement Corporation/Cido Shipping Company Ltd./Alex
Estabillo] as an able seaman on board the vessel M/V Grand Quest with a
salary of US$564.00 per month; that his employment was covered by an ITF
IBF JSU Collective Bargaining Agreement (CBA); that prior to his
deployment, he underwent the required pre-employment medical
examination (PEME) of which he was declared fit to work and thereafter,
boarded the vessel on June 16, 2009; that during his employment, he would
be on duty more than 12 hours a day resulting in extreme fatigue and
exhaustion; that on October 26, 2010, while on duty, he felt cramps
followed by a severe back pain; that he informed the master who advised
him to rest; that the next day, he was unable to stand and remained in his
cabin for the rest of the voyage; that when the vessel arrived in South
Africa, he was admitted to a medical facility and he underwent an x-ray of
his back and injection on his left knee; that the same procedure was taken
in Colombia and again in Panama where he was diagnosed with a lumbar
disc problem and was recommended repatriation; that on December 2,
2010, he arrived in Manila and was referred to the Manila Doctors Hospital
where a CT Scan showed he was suffering from "Circumferential Disc Bulge
at L4-L5 with Posteromedial Herniation of the Nucleus Pulposus as well as
associated Spinal Canal and Neuroforaminal Narrowings as described;
Lumbar Spondylosis" x x x; that on December 14, 2010, he underwent
Laminotomy and Discectomy at Level L4-L5 and was confined for 3 weeks;
that he continued with his therapy but his condition did not improve; that
despite the treatment, [Segui's] pain and discomfort persisted, thus, he
sought another treatment and opinion from an independent doctor in the
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