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FIRST DIVISION
[ G.R. No. 211187, April 16, 2018 ]
SCANMAR MARITIME SERVICES, INC. AND CROWN
SHIPMANAGEMENT, INC., PETITIONERS, VS. CELESTINO M.
HERNANDEZ, JR., RESPONDENT.
DECISION
DEL CASTILLO, J.:
This Petition for Review on Certiorari[1] assails the June 27, 2013 Decision[2] and
February 5, 2014 Resolution[3] of the Court of Appeals (CA) in CA-G.R. SP No. 124003,
which dismissed the Petition for Certiorari filed therewith and thus affirmed the
December 9, 2011 Decision[4] and February 2, 2012 Resolution[5] of the National Labor
Relations Commission (NLRC) ordering petitioners Scanmar Maritime Services, Inc. and
Crown Shipmanagement, Inc. (collectively petitioners) to pay respondent Celestino M.
Hernandez, Jr. (respondent) US$66,000.00 as disability benefits and attorney's fees.
Antecedent Facts
On July 2, 2009, petitioner Scanmar Maritime Services, Inc., for and in behalf of its
foreign principal, petitioner Crown Shipmanagement, Inc., entered into a Contract of
Employment[6] with respondent for a period of nine months as Able Seaman for the
vessel Timberland. Respondent underwent the pre-employment medical examination
(PEME), where he was declared fit for work.[7] He was deployed on August 3, 2009 and
boarded the vessel the next day.
During the course of his employment, respondent experienced pain in his inguinal area
and pelvic bone. The pain continued for weeks radiating to his right scrotum and right
medial thigh. He informed the Captain of the vessel and was brought to a hospital in
Sweden on February 3, 2010 where he was found unfit to resume normal duties.
Consequently, respondent was medically repatriated to the Philippines on February 6,
2010.[8]
On February 8, 2010, respondent was referred to the company-designated physician at
Metropolitan Medical Center for medical evaluation. He was diagnosed to have
Epididymitis,
right,
Varicocoele,
left[9]
and
was
recommended
to
undergo
Varicocoelectomy, a surgical procedure for the management of his left Varicocoele.[10]
On March 26, 2010, the company-designated Urological Surgeon, Dr. Ed R. Gatchalian
(Dr. Gatchalian), performed Varicocoelectomy on him at the Metropolitan Medical
Center[11] after obtaining clearance from a Cardiologist.[12] The procedure was a
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