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682 Phil. 574
SECOND DIVISION
[ G.R. No. 185463, February 22, 2012 ]
TEEKAY SHIPPING PHILS., INC., AND/OR TEEKAY SHIPPING
CANADA, PETITIONERS, VS. RAMIER C. CONCHA RESPONDENT.
DECISION
PEREZ, J.:
Petitioners Teekay Shipping Philippines, Inc., and/or Teekay Shipping Canada, Ltd.
(hereinafter referred to as petitioners) seek the reversal of the 3 July 2008 Decision[1]
and 20 November 2008 Resolution[2] of the Court of Appeals (CA) in CA-G.R. Sp. No.
98667.
The CA ruled that “the NLRC acted without grave abuse of discretion in
ordering the remand of the case to the Arbitration Branch for further proceedings as
the case has not yet prescribed.”[3]
Culled from the records are the following undisputed facts:
On 9 November 2000, Ramier C. Concha (hereinafter referred to as private respondent)
was hired as an Able Seaman by petitioners under an employment contract[4] for a
period of eight (8) months with a monthly salary of $535.00. He was deployed to
Canada on 22 November 2000.
On a windy morning of 23 November 2000, while he was removing rusty fragments
during his deck assignment, a foreign particle accidentally entered his left eye. When
his eye became reddish and his vision became blurred, the designated medical officer
on board administered first aid treatment. Since there was no sign of improvement,
respondent requested for medical check-up in a hospital.
On 3 December 2000, private respondent was initially admitted at Karanatha Hospital
in Australia and was diagnosed with Left Eye Acute Iritis. He was thereafter referred to
the Royal Perth Hospital, West Australia and was diagnosed to be suffering from Left
Eye Iritis (Granulomatous).
On 6 December 2000, after being deployed only for less than a month, private
respondent was repatriated to the Philippines. Upon his arrival, private respondent was
referred to the Metropolitan Hospital. He underwent medical treatment until February
2001. As he had not been assessed whether he was fit to work as a seafarer, he filed a
complaint for illegal dismissal with money claims with the Arbitration Branch of the
National Labor Relations Commission (NLRC) on 28 May 2001.[5] The complaint,
however, was dismissed without prejudice by the Labor Arbiter on same date.
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