4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 1/15

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