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SECOND DIVISION
[ G.R. No. 231773, March 11, 2019 ]
CESAR C. PELAGIO, PETITIONER, VS. PHILIPPINE TRANSMARINE
CARRIERS, INC., CARLOS SALINAS, AND NORWEGIAN CREW
MANAGEMENT A/S, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Before the Court is a petition for review on certiorari[1] filed by petitioner Cesar C.
Pelagio (Pelagio) assailing the Decision[2] dated January 16, 2017 and the Resolution[3]
dated May 22, 2017 of the Court of Appeals (CA) in CA-G.R. SP No. 122771, which
annulled and set aside the Decision[4] dated August 24, 2011 and the Resolution[5]
dated October 4, 2011 of the National Labor Relations Commission (NLRC) in NLRC-LAC
Case No. M-05-000458-11, and accordingly, reinstated the Decision[6] dated April 29,
2011 of the Labor Arbiter (LA) awarding Pelagio the amount of US$13,437.00
representing permanent partial disability benefits.
The Facts
Respondent Philippine Transmarine Carriers, Inc. (PTCI) for and on behalf of its foreign
principal, Norwegian Crew Management A/S, hired Pelagio as a Motorman on board the
vessel M/V Drive Mahone for a period of six (6) months, under a Philippine Overseas
Employment
Administration
(POEA)-approved
contract
of
employment[7]
dated
agreement[8]
September 29, 2009 and a collective bargaining
(CBA) between
Norwegian Crew Management A/S and Associated Marine Officers' and Seamen's Union
of the Philippines. After being declared fit for employment,[9] Pelagio boarded M/V
Drive Mahone on November 3, 2009.[10]
Sometime in February 2010, Pelagio experienced difficulty in breathing and some pains
on his nape, lower back, and joints while at work. Pelagio was then referred to a port
doctor in Said, Egypt where he was diagnosed with "Myositis"[11] and declared unfit to
work.[12] On March 2, 2010, Pelagio was repatriated back to the Philippines for further
medical treatment, and thereafter, promptly sought the medical attention of the
company-designated physician, Dr. Roberto Lim, at Metropolitan Medical Center.[13]
After a series of medical and laboratory examinations,[14] including chest x-ray,
pulmonary function tests, electroencephalogram, and other related physical
examinations, Pelagio was finally diagnosed with Carpal Tunnel Syndrome, Bilateral L5elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65096
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