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FIRST DIVISION
[ G.R. No. 246497, December 05, 2019 ]
RAMON R. MAGADIA, PETITIONER, V. ELBURG SHIPMANAGEMENT
PHILIPPINES, INC. AND ENTERPRISES SHIPPING AGENCY SRL,
RESPONDENTS.
DECISION
LAZARO-JAVIER, J.:
The Case
This petition for review on certiorari[1] seeks to set aside the following dispositions of
the Court of Appeals in CA-G.R. SP No. 146244 ,[2] viz.:
1. Decision[3] dated May 23, 2018, finding petitioner entitled to partial disability
benefits; and
2. Resolution[4] dated March 6, 2019, denying petitioner's motion for reconsideration.
The Antecedents
Petitioner Ramon Magadia filed a complaint against respondents Elburg
Shipmanagement Philippines, Inc. and Enterprises Shipping Agency SRL for permanent
and total disability benefits and other monetary claims.
Petitioners Version
On September 20, 2013, respondents hired him as messman to work on board MV FD
Honorable for a period of nine (9) months. On May 19, 2014, he was carrying a
garbage bag to the ship's upper deck when he fell from the stairway. His shoulder hit
the steel railings and his body rammed against the floor. He was immediately
administered first aid and brought to a hospital in Rio de Janeiro. He had an x-ray on
his spine and pelvis and got diagnosed with "Herniated Nucleus Pulposus, Lumbosacral
Vertebrae. "[5]
On May 23, 2014, he got repatriated to Manila and reported to the company-designated
physician for examination and treatment. After undergoing a magnetic resonance
imaging (MRI) test, company-designated physician Dr. William Chuasuan, Jr. diagnosed
him with "L4-L5 and L5-S1 Disc Dessication; Left Forearm Contusion." He was
recommended for physical therapy.[6]
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