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746 PHIL. 955
FIRST DIVISION
[ G.R. No. 204699, November 12, 2014 ]
BAHIA SHIPPING SERVICES, INC., FRED OLSEN CRUISE LINE, AND
MS. CYNTHIA C. MENDOZA, PETITIONERS, VS. JOEL P. HIPE, JR.,
RESPONDENT.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Amended Decision[2] dated
May 2, 2012 and the Resolution[3] dated December 3, 2012 of the Court of Appeals
(CA) in CA-G.R. SP No. 115888 which reversed and set aside the Decision[4] dated
March 17, 2010 and the Resolution[5] dated June 22, 2010 of the National Labor
Relations Commission (NLRC) in NLRC NCR Case No. OFW(M) 02-02484-09 denying the
claim for disability benefits of respondent Joel P. Hipe, Jr. (Hipe).
The Facts
Hipe had been continuously hired by petitioner Bahia Shipping Services, Inc. (Bahia) for
its foreign principal, Fred Olsen Cruise Line (Olsen), and deployed to the latter’s various
vessels under seven (7) consecutive contracts. He was last employed by Bahia as
plumber for the vessel M/S Braemar (vessel) under a six-month contract[6]
commencing on the day of his embarkation on December 6, 2007, with a basic monthly
salary of US$708.00[7] exclusive of overtime and other benefits.[8]
Despite the lapse of the six-month contract on June 6, 2008,[9] Hipe continued to work
aboard the vessel without any new contract. On June 22, 2008, in the course of the
performance of his duties as plumber, he sustained a back injury while carrying heavy
equipment for use in his plumbing job. He was advised to rest and perform only light
jobs, and was given the assurance that he will be repatriated at the next convenient
port. After one (1) month, however, he claimed that his condition worsened and, upon
his request, he was repatriated to Manila on August 5, 2008.[10]
Upon Hipe’s arrival, he was examined by the company-designated physician, Dr. Robert
Lim (Dr. Lim). Results of the Magnetic Resonance Imaging revealed that he was
suffering from “Lumbosacral Strain with right L5 Radiculopathy.”[11] Thereafter, he was
referred to an orthopedic surgeon and a psychiatrist for supervision and therapy.[12]
On October 2, 2008, Dr. Lim issued a medical assessment that “[Hipe] still has had
considerable improvement with less pain and negligible tenderness at the lumbosacral
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