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FIRST DMSION
Assailed in this Petition for Review on Certiorari 1 are the October 18,
2013 Decision2 and January 28, 2014 Resolution3 of the Court of Appeals
(CA) denying the Petition for Certiorari in CA-G.R. SP No. 125046 and
affirming in toto the December 29, 2011 Decision4 and April 30, 2012
Resolution5 of the National Labor Relations Commission (NLRC) in NLRC
LAC (OFW-M) No. 05-000371-11.
Factual Antecedents
On official leave.
Rollo, pp. 3-36.
Id. at 38-47; penned by Associate Justice Danton Q. Bueser and concurred in by Associate Justices Amelita
G. Tolentino and Ramon R. Garcia.
Id. at 49-50.
4
Id. at 199-208; penned by Commissioner Isabel G. Panganiban-Ortiguerra and concurred in by Presiding
Commissioner Joseph Gerard E. Mabilog. Commissioner Nieves Vivar-De Castro, dissented.
CA rollo, pp. 48-49.
.' Decision 2 G.R. No. 211111
On February 8, 2010, while the vessel was docked in the United Arab
Emirates, respondent was referred for medical examination after
complaining of pain in his lower right abdomen, difficulty in passing urine,
and slight irritation in the urinal area. After examination by a physician, he
was diagnosed with acute lumbago and recommended for immediate
• • 7
repatnat1on.
On June 16, 2010, after the MRI results came out, respondent was
temporarily diagnosed with "lumbosacral muscular spasm with mild
spondylosis L3-L4;" 10 the company-designated physician also concluded
that there was no compression fracture, contrary to what was initially
suspected. Respondent was thus given a Grade 10 partial disability rating
pertaining to moderate rigidity of the truncal area. 11 He was scheduled to
undergo a bone scan on July 16, 2010.
6
Rollo, pp. 109, 145. The date indicated in other parts of the rollo was January 30, 2010, see id. at 39, 200.
Id. at 53-54.
Id. at 54.
9
Id. at 40, 54, 80-86.
10
Id. at 87.
11
Id. at 55, 87.
12
Id. at 88.
13
Id. at 121-122.
Decision 3 G.R. No. 211111
FINAL DIAGNOSIS
>- COMPRESSION FRACTURE, LI
>- LUMBAR SPONDYLOSIS
DISABILITY RATING:
inappropriate.
xx xx
'CHEST-TRUNK-SPINE
xx xx
xx xx
SO ORDERED. 23
Petitioners took the matter before the NLRC, via appeal docketed as
NLRC LAC (OFW-M) No. 05-000371-11.
24
Id. at 204-207.
Decision 9 G.R. No. 211111
xx xx
25
Id. at 43-47.
Decision IO G.R. No. 211111
Issues
Petitioners' Arguments
26
fd.atlO.
27
Id. at 244-264.
Decision 11 G.R. No. 211111
Respondent's Arguments
Our Ruling
For a little over 120 days, or from February 10, 2010 to June 16, 2010,
126 days to be exact, respondent underwent treatment by the compan~"""""
28
Id. at 229-240.
29
Maersk-Filipinas Crewing, Inc. v. Jaleco, 770 Phil. 50, 74-75 (2015).
Decision 12 G.R. No. 211111
30
Rollo, p. 87.
11
rd. at 1"22.
32
747 Phil. 626 (2014).
Decision 13 G.R. No. 211111
xx xx
33
Id. at 638-641.
34
711 Phil. 614 (2013).
35
G.R. No. 202885, January 20, 2016, 781 SCRA 477.
Decision 14 G.R. No. 211111
SO ORDERED.
~~~~~~
MARIANo c. niL-cA.smLo
Associate Justice
WE CONCUR:
~~it~
TERESITA J. LEONARDO-DE CASTRO
(On official leave)
FRANCIS H. JARDELEZA
Associate Justice Associate Justice
~~ce
(
NOEL ZTIJAM
As
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, I certify that the
conclusions in the above Decision had been reached in consultation before the
case wa~ assigned to the writer of the opinion of the Court's Division.,