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677 Phil. 262
THIRD DIVISION
[ G.R. No. 192686, November 23, 2011 ]
FIL-STAR MARITIME CORPORATION, CAPTAIN VICTORIO S.
MIGALLOS AND GRANDSLAM ENTERPRISE CORPORATION,
PETITIONERS, VS. HANZIEL O. ROSETE, RESPONDENT.
DECISION
MENDOZA, J.:
This is a petition for review on certiorari[1] under Rule 45 of the 1997 Rules of Civil
Procedure assailing the March 23, 2010 Decision[2] and the June 8, 2010 Resolution[3]
of the Court of Appeals (CA), in CA-G.R. SP No. 103256, which reversed the October
17, 2007 Resolution[4] of the National Labor Relations Commission (NLRC) and ordered
the reinstatement of the May 21, 2007 Decision[5] of the Labor Arbiter (LA), awarding
disability benefits to respondent Hanziel Rosete (respondent).
In 2005, petitioner Fil-Star Maritime Corporation (Fil-Star), the local manning agency of
co-petitioner Grandslam Enterprise Corporation (Grandslam), hired respondent as third
officer on board the ocean-going vessel “M/V Ansac Asia.” He was in charge of the
loading and unloading operations of the vessel’s cargo primarily consisting of soda ash
in bulk. Respondent stated that the nature of his work exposed him to minute particles
of soda ash during the loading and unloading operations. On November 22, 2005,
respondent finished his contract and returned to the Philippines.
Thereafter, the petitioners re-hired respondent to work as second officer on their vessel
for a period of nine (9) months. On January 5, 2006, respondent underwent a preemployment medical examination (PEME) with First Medical Team Health Care
Specialist Group,[6] the company accredited physician, and was pronounced “fit to
work.” On board the vessel, he was tasked to make an inventory of the vessel’s
property for annual inspection. According to respondent, he worked diligently and
oftentimes worked odd hours just to familiarize himself with his new job. He averred
that overtime work and the violent motions of the vessel due to weather inclemency
caused undue strain to his eyes and his physical well-being.
On February 14, 2006 or a little over a month from his embarkation, respondent
experienced an abrupt blurring of his left eye. He reported it to his captain and was
advised to do an eye wash to relieve his pain until they reached Chiba, Japan. After
the vessel arrived in Chiba, respondent was not able to seek medical advice because he
was tasked to man the ship’s navigation equipment. Five days later, respondent was
able to receive medical attention in Kawasaki, Japan. Respondent was diagnosed with
Central Retinal Vein Occlusion and immediately underwent three rounds of laser
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