G.R. No. 175894
SECOND DIVISION
NYK-FIL SHIP MANAGEMENT G.R. No. 175894
INC., and/or JOSEPHINE J.
FRANCISCO and TMM CO. Present:
LTD, TOKYO, JAPAN,
Petitioners,
QUISUMBING, Acting CJ.,
Chairperson,
CARPIO MORALES,
TINGA,
- versus VELASCO, JR., and
BRION, JJ.
ALFONSO T. TALAVERA,
Promulgated:
Respondent.
November 14, 2008
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DECISION
CARPIO MORALES, J.:
Alfonso T. Talavera (respondent) entered into a nine-month contract of
employment with petitioner NYK-Fil Ship Management, Inc. (NYK-Fil) and/or
Josephine J. Francisco, acting for and in behalf of petitioner TMM Co.,
Ltd. Tokyo, Japan, as a fitter on board the M.T. Tachiho vessel. As a fitter, he
performed repair and maintenance and welding works which called for him to
move heavy equipment and materials.
After respondent started working in June 2003, he, on several occasions,
felt slight pains in his back and other parts of his body. He thus had frequent
consultations with the ship medical officer who gave him analgesics. The pain
persisted and became more severe as it radiated to his feet, hence, he consulted a
clinic in Oman on August 16, 2003 and was diagnosed to have ureteric colic
with urinary tract infection.