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SECOND DIVISION
[ G.R. No. 220904, September 25, 2019 ]
JEBSENS MARITIME, INC. AND HAPAG-LLOYD
AKTIENGESELLSCHAFT, PETITIONERS, VS. RUPERTO S. PASAMBA,
RESPONDENT.
DECISION
REYES, J. JR., J.:
This is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court,
assailing the Decision[2] dated December 17, 2014 and Resolution[3] dated September
30, 2015 of the Court of Appeals (CA) in CA-G.R.SP No. 134720.
The Facts
On November 19, 2009, for and on behalf of its foreign principal, Hapag-Lloyd
Aktiengesellschaft, local manning agency Jebsens Maritime, Inc.(collectively,
petitioners) hired Ruperto S. Pasamba (respondent) as an Able Seaman for a period of
six months. On December 21, 2009, respondent boarded CMS Dusseldorf Express.[4]
On January 24, 2010, respondent started experiencing clogged nose, dizziness, and
headache.[5]
On February 4, 2010, as his illness persisted despite medications, respondent consulted
an on-shore physician at the port, of Japan, wherein he was diagnosed with "Sinusitis,
Myringitis (both), Vascular Headache, and Unstable Angina (suspicion)." He was then
recommended to be immediately repatriated for treatment.[6]
On February 5, 2010, respondent was repatriated.[7]
On February 6, 2010, respondent reported to petitioners' office and was referred to the
company-designated doctors.[8]
On February 9, 2010, respondent was diagnosed with "Polysinusitis, Hypoplastic Frontal
Sinuses, Congested Turbinates while Mastoid Series showed Bilateral Mastoiditis." On
February 25, 2010 and May 14, 2010, respondent underwent Mastoidectomy with
Tympanoplasty procedures as advised by the company-designated doctors.[9]
On July 9, 2010, the company-designated doctors issued a Certificate of Physical
Condition, declaring respondent "fit for work" with the following relevant notations:
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