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707 Phil. 210
THIRD DIVISION
[ G.R. No. 195518, March 20, 2013 ]
MAGSAYSAY MARITIME SERVICES AND PRINCESS CRUISE LINES,
LTD., PETITIONERS, VS. EARLWIN MEINRAD ANTERO F. LAUREL,
RESPONDENT.
DECISION
MENDOZA, J.:
This is a petition for review on certiorari under Rule 45 of the Revised Rules of Court
assailing the August 6, 2010 Decision[1] and the February 4, 2011 Resolution[2] of the
Court of Appeals (CA), in CA-G.R. SP No. 102130 entitled Magsaysay Maritime Services
and Princess Cruise Lines, Ltd. v. National Labor Relations Commission and Earlwin
Meinrad Antero F. Laurel, affirming the September 17, 2007 Decision[3] of the National
Labor Relations Commission (NLRC).
The Facts
Respondent Earlwin Meinrad Antero F. Laurel (Laurel) was employed by petitioner
Princess Cruise Lines, Ltd., through its local manning agency, petitioner Magsaysay
Maritime Corporation, as second pastryman on board the “M/V Star Princess.” In June
2004, they executed a Philippine Overseas Employment Agency (POEA)-approved
Contract of Employment[4] embodying the Standard Terms and Conditions Governing
the Employment of Filipino Seafarers On Board Ocean-Going Vessels and stating in
particular the terms of his employment. Laurel underwent a pre-employment medical
examination at the petitioner company’s accredited clinic in Makati and was declared fit
for sea service. He was deployed in August 2004 to join the assigned vessel.[5]
In the course of the voyage, Laurel fell ill. He complained of fever with cough, and he
was given paracetamol until reaching the shore. On April 3, 2005, he disembarked from
the vessel and proceeded to a hospital in Florida, U.S.A. Due to the persistence of his
illness, he was repatriated for further evaluation. He arrived in the Philippines on April
7, 2005.[6]
On April 8, 2005, Laurel was admitted to the Metropolitan Hospital in Manila, placed
under the medical care of Dr. Robert Lim, and diagnosed with upper respiratory tract
infection and hyperthyroidism. He was discharged on April 11, 2005 and was prescribed
take-home medications.[7]
Dr. Mylene Cruz-Balbon, the hospital’s assistant medical coordinator, issued a medical
report,[8]
dated
April
11,
2005,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55780
confirming
that
Laurel
was
suffering
from
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