of Appeals dated 25 September 2008,[4] denying petitioner’s Motion for
Reconsideration.
The antecedent facts are:
On 9 September 2005, petitioner filed a Complaint before the Labor Arbiter
docketed as NLRC NCR OFW Case No. 2005-09-02375-00, against herein
respondents MMS Phil. Maritime Services, Inc. (MMS Phils.) and by Mary
C. Maquilan(respondents), for medical reimbursement, permanent disability
benefits, moral damages, compensatory damages, exemplary damages and
attorney’s fees.[5]
In his Position Paper dated 26 January 2006 before the Labor Arbiter,
petitioner alleged that on 14 March 2003, MMS Phils., for and in behalf of its
principal, MMS Co. Ltd., hired him as Able Seaman for M/V Pax Phoenix after he
passed the Pre-Employment Medical Examination (PEME) conducted by
MMS Phils.’s designated physician and after obtaining the necessary Overseas
Employment Certificate from the Philippine Overseas Employment Administration
(POEA). Petitioner departed from thePhilippines on 4 August 2003 on board the
vessel M/V Pax Phoenix as an Able Seaman. He had various duties and
responsibilities at sea, port, anchor and drills. According to petitioner, he did not
only perform work that was assigned to him, but also other strenuous job
assignments and other heavy workloads that exposed him to cold, heat and other
elements of nature and perils of the sea. Resultantly, one day, he was surprised to
see a speck of blood in his urine. He informed his 2nd Mate about the incident and
was merely told to observe and report the same if it should be repeated. He
disembarked on 19 May 2004, and on the following day, he had fever and
experienced irregular urination. He consulted Dr. Benjamin C. Parco (Dr. Parco) at
St. Tomas Clinic in Tondo, Manila, who advised him to take a rest and prescribed
him with medicines for his flu and Urinary Track Infection. The day following his
consultation with Dr. Parco, on 21 May 2004,[6] he reported at respondents’ office
for mandatory reportorial requirement and at the same time he informed
respondents’ company officer about his medical condition and asked for medical
assistance which went unheeded. Despite the medication prescribed by Dr. Parco,
there was no improvement in his condition, thus in September 2004, he went to the
Seamen’s Hospital for a thorough check-up. In his laboratory findings, it was
shown that there were traces of blood with presence of stones in his urine. On 24
October 2004, he could no longer urinate, thus his wife brought him again to the
Seaman’s Hospital. The ultrasound and x-rays results showed that he had a 12mm