6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 814 Phil. 820 SECOND DIVISION [ G.R. No. 212098, July 26, 2017 ] JULIO C. ESPERE, PETITIONER, V. NFD INTERNATIONAL MANNING AGENTS, INC./TARGET SHIP MANAGEMENT PTE LTD./CYNTHIA SANCHEZ, RESPONDENTS. D E C I S I O N PERALTA, J.: Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the Decision[1] and Resolution[2] of the Court of Appeals (CA), dated November 13, 2013 and April 3, 2014, respectively, in CA-G.R. SP No. 130210. The questioned CA Decision annulled and set aside the February 28, 2013 Decision and March 27, 2013 Resolution of the National Labor Relations Commission (NLRC) which reversed the November 5, 2012 Decision of the Labor Arbiter (LA). The Decision of the LA, in turn, dismissed herein petitioner's complaint for recovery of permanent total disability compensation as well as attorney's fees and damages. The pertinent factual and procedural antecedents of the case are as follow: On June 21, 2011, petitioner Julio C. Espere was hired as a Bosun by respondent NFD International Manning Agents, Inc. (NFD) for and in behalf of its foreign principal Target Ship Management Pte Ltd. on board the vessel M. V. Kalpana Prem, for a period of nine (9) months, with a basic monthly salary of US$730.00.[3] Prior to his employment and embarkation, petitioner underwent a Pre-Employment Medical Examination where he was pronounced "Fit For Sea Duty."[4] Around five (5) months into his deployment, petitioner complained that he was feeling dizzy, had body malaise and chills. He was then referred to a clinic in Vancouver, Canada, where the physician who examined him found that he was suffering from "uncontrolled hypertension", "malaise NYD", and "psychosomatic illness". He was also declared unfit for duty and was repatriated back to the Philippines.[5] Upon his return, petitioner was examined at the Marine Medical Services of the Metropolitan Medical Center by the company-designated physicians. In the case report prepared by Dr. Frances Hao-Quan (Dr. Hao-Quan), Asst. Medical Coordinator, which was noted by Dr. Roberto D. Lim (Dr. Lim), Medical Coordinator, of Marine Medical Services, dated December 23, 2011, it was stated that petitioner was suffering from hypertension. Pie was given medication for his condition and advised to come back for re-evaluation on December 26, 2011.[6] On the said date, petitioner came back as directed. In the follow-up report[7] of Dr. Hao-Quan, which was also noted by Dr. Lim, she noted that petitioner is already under the care of a cardiologist. She likewise stated that petitioner's blood pressure is elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63251 1/14

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