6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
tibia. He was then medically repatriated, examined and treated by the companydesignated physicians, Dr. Fidel C. Chua (Dr. Chua) of Trans-Global Health Systems,
Inc., Makati City; and Dr. Tiong Sam Lim (Dr. Lim), an orthopedic surgeon from
Chinese General Hospital. After his treatment, Dr. Lim and Dr. Chua concluded that
petitioner’s right leg was fully healed and that he was fit to work.[8] On January 16,
2009, he executed the Certificate of Fitness to Work[9] releasing KGJS of any liability
that might arise as a result of his injury. Much later, he underwent several examinations
which confirmed that he was fit to work.[10]
On May 12, 2009, petitioner was hired again by KGJS for the third time, for and in
behalf of its foreign principal, respondent Kristian Gerhard Jebsen Skipsreder AS (KGJS
AS), as a motorman on board M/V Ibis Arrow. The contract of employment,[11]
approved by the Philippine Overseas Employment Administration (POEA), was for a
period of nine (9) months with a basic salary of US$643.00 exclusive of overtime and
other benefits commencing on January 4, 2009. It contained a clause stating that
“[t]he NSA/NMU-AMOSUP Model Agreement CBAs as applicable shall be considered to
be incorporated into and to form part of the contract.”[12]
On October 31, 2009, while petitioner was working in the engine room, he accidentally
slipped and fell, injuring his right leg again. On November 3 and 12, 2009, the doctors
of Meyer Servicos Medicus Clinic in Brazil found that he had sustained a severe
bruise/hematoma on his right leg and recommended that he disembark from the
vessel and continue his treatment in his home port.[13] He was then medically
repatriated on November 14, 2009.
Almost immediately upon his arrival on November 16, 2009, petitioner reported to Dr.
Chua who, in turn, referred him again to Dr. Lim. After an x-ray test found no fracture
on his leg, Dr. Lim recommended that he take anti-inflammatory drugs and antibiotics
for his injury. Concurring in the findings and recommendations of Dr. Lim, Dr. Chua
diagnosed petitioner to have suffered from contusion hematoma.[14] After reevaluating him on December 4, 2009, and again on December 21, 2009, Dr. Lim found
that petitioner had recovered from his injuries and declared him fit to work. From
the time he was repatriated until he was declared fit to work, he was paid his sick
wages.[15] Again, he executed another Certificate of Fitness to Work.[16]
About two and a half months later, on March 5, 2010, petitioner filed a complaint[17]
against KGJS and KGJS AS, seeking permanent disability benefits under the NSA/NMUAMOSUP CBA, sick wages, damages, and attorney’s fees. In his Affidavit-Complaint,[18]
he claimed that his latest injury which occurred on board the M/V Ibis Arrow, together
with his previous accident on board the M/V Fayal Cement, rendered him permanently
disabled.
It appears that on April 13, 2009, after the filing of his complaint, petitioner sought the
services of Dr. Manuel C. Jacinto, Jr. (Dr. Jacinto) of Sta. Teresita General Hospital in
Quezon City. Dr. Jacinto issued a medical certificate[19] attesting that petitioner was
suffering from open fracture on his right fibula and that he was no longer fit to work.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58873
2/13