4/9/2020
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Employment Administration (POEA) approved contract of employment.
On or about August 2000, the vessel “Courage Venture” went to the Port of
Chennai, India. On its way to the designated port and while preparing to
moor, the vessel, through its line (rope) tied on the starboard, was pulled by
tugboat MV “Matchless.” In preparation for mooring, the Chief Mate ordered
Penales to stand at the forward masthead and wait for further instruction.
While awaiting further instructions, the rope rifted and directly recoiled in
Penales’ direction, hitting him severely in the chest, left arm and head. The
impact caused him to miss his balance, [become] unconscious and sustain a
fracture on his left arm.
Penales was brought to the National Hospital in India under the medical
supervision of Dr. Arvind Rajagopalan. He was initially diagnosed to have
suffered from “fracture shaft of left humerus mid third with radial nerve
injury.” He was operated on, fixing the fracture on his left humerus with an
eight-screwed stainless steel plate. After the operation, Penales was signed
off and repatriated to Manila.
In Manila, Penales reported to the office of Pacific. He was referred to the
Fatima Medical Clinic and was diagnosed as suffering from “Fracture, closed,
committed, M/3, humerus, S/P Open Reduction, internal fixation, plate and
screws, Radial nerve pulsy left, Cerebral Concussion, Contusion chest left”
[as per the Medical Certificate[4] issued by the Fatima Medical Clinic. Penales
however failed to go back to the clinic for the management of his injuries, as
reported by Fatima Medical Clinic on October 10, 2000.[5]] [Penales was
thereafter] referred to the Mary Chiles General Hospital and finally to the
Medical Center Manila for treatment and rehabilitation [wherein he continued
treatment until January 26, 2001].[6]
On October 2, 2000, while still undergoing treatment, Penales filed a complaint before
the Quezon City Arbitration Branch of the National Labor Relations Commission (NLRC).
This was docketed as NLRC OFW Case No. (L) 00-10-1636-00.
Penales complained that despite medical treatment, he continued to be weak and
unable to perform any work-related activity. He alleged that his accident disabled him
from earning income as a seafarer, thus, he was entitled to disability compensation and
benefits, which the respondents denied him without valid cause.
Pacific Ocean Manning, Inc. and Celtic Pacific Ship Management Co., Ltd. (petitioners),
on the other hand, argued that Penales could not be considered as disabled by mere
lapse of time. They claimed that Penales was still undergoing medical treatment, and
that the last pronouncement of his attending orthopedic surgeon was that there was no
reason why he should not eventually become fit to work.[7]
On January 25, 2002, Labor Arbiter Natividad Roma issued her Decision,[8] the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55144
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