1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly THIRD DIVISION [ G.R. No. 226200, August 05, 2019 ] RUEL L. GUADALQUIVER, PETITIONER, VS. SEA POWER SHIPPING ENTERPRISE, INC., MISSISSAUGA ENTERPRISES, INC. AND/OR MS. ANTONIETTE A. GUERRERO, RESPONDENTS. DECISION INTING, J.: Before the Court is a Petition for Review on Certiorari challenging the Decision[1] dated May 23, 2016 of the Court of Appeals (CA) in CA-G.R. SP No. 141829 which reversed and set aside the Decision[2] and Resolution,[3] respectively dated May 20, 2015 and June 19, 2015, of the National Labor Relations Commission (NLRC) in NLRC LAC No. OFW-(M)-11-000910-14. Also assailed is the CA Resolution[4] of August 4, 2016 denying petitioner Ruel L. Guadalquiver's (petitioner) motion for reconsideration. The Antecedents Under a nine-month contract[5] (with three-month extension). Sea Power Shipping Enterprise, Inc. (Sea Power), in behalf of its principal, Mississauga Enterprises, Inc. (Mississauga), employed petitioner as Able Seaman to work aboard the vessel M/V Dimi with a basic monthly salary of US$465.00, among other benefits. After passing his preemployment medical examination, petitioner boarded the vessel on September 25, 2012.[6] Petitioner's contract was extended for two months. For which reason, the parties executed another contract on August 1, 2013.[7] Petitioner alleged that his work involved strenuous manual work of pushing, pulling, lifting and/or carrying heavy objects. He narrated that in November 2012, after lifting a heavy jar of paint on the vessel, he felt a "click" followed by pain on his lower back. He initially ignored the incident but the pain persisted.[8] On August 30, 2013, he consulted a doctor in Egypt who diagnosed him with osteoarthritis.[9] On September 19, 2013, petitioner was medically repatriated and immediately went to the company-designated doctor, Dr. Jose Emmanuel E. Gonzales (Dr. Gonzales).[10] On October 7, 2013, Dr. Gonzales reported[11] that after undergoing an MRI,[12] petitioner was diagnosed with lumbo-sacral muscle strain but there was no indication that surgery was needed. Consequently, he advised petitioner to undergo physical therapy. On November 13, 2013, while petitioner was still undergoing therapy, Dr. Gonzales noted the great improvement in petitioner's pain relief. Because of this https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65555 1/9