G.R. No. 206522 - DOEHLE-PHILMAN[1] MANNING AGENCY INC., DOHLE (IOM) LIMITED AND CAPT. MANOLO T. GACUTAN, VS. HENRY C. HARO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the CA ordered Doehle-Philman Manning Agency, Inc. (Doehle-Philman), Dohle (IOM) Limited (Dohle Ltd.) and Capt. Manolo T. Gacutan (petitioners) to jointly and severally pay respondent Henry C. Haro permanent and total disability benefits amounting to US$60,000.00 and attorney's fees of 10% of the total monetary award. Also assailed is the March 27, 2013 CA Resolution [7] denying petitioners' Motion for Reconsideration. Factual Antecedents On May 30, 2008, Doehle-Philman, in behalf of its foreign principal, Dohle Ltd., hired respondent as oiler aboard the vessel MV CMA CGM Providencia [8] for a period of nine months with basic monthly salary of US$547.00 and other benefits. [9] Before deployment, respondent underwent pre-employment medical examination (PEME) and was declared fit for sea duty. [10] Respondent stated that on June 1, 2008, he boarded the vessel and assumed his duties as oiler; however, in November 2008, he experienced heartache and loss of energy after hammering and lifting a 120-kilogram machine; thereafter, he was confined at a hospital in Rotterdam where he was informed of having a hole in his heart that needed medical attention. [11] After his repatriation on December 6, 2008, respondent reported to Doehle-Philman which in turn referred him to Clinico-Med. Respondent claimed that he was confined for two days in UST [12] Hospital and that a heart operation was recommended to him. He nevertheless admitted that he had not yet undergone any surgery. [13] On April 24, 2009, respondent's personal doctor, Dr. Luminardo M. Ramos (Dr. Ramos), declared him not fit to work. [14] Consequently, on June 19, 2009, respondent filed a Complaint for disability benefits, reimbursement of medical expenses, moral and exemplary damages, and attorney's fees against petitioners. [15] Respondent claimed that since he was declared fit to work before his deployment, this proved that he sustained his illness while in the performance of his duties aboard the vessel; that he was unable to work for more than 120 days; and that he lost his earning capacity to engage in a work he was skilled to do. Thus, he insisted he is entitled to permanent and total disability benefits. [16] For their part, petitioners alleged that respondent boarded the vessel on June 2, 2008; that on or about November 21, 2008, respondent was confined at a hospital in Rotterdam; and that upon repatriation, he was referred to Dr. Leticia Abesamis (Dr. Abesamis), the company-designated doctor, for treatment. [17] Petitioners denied that respondent has a hole in his heart. Instead, they pointed out that on December 27, 2008, Dr. Abesamis diagnosed "him of "aortic regurgitation, moderate" but declared that his condition is not work-related. [18] They averred that despite such declaration, they still continued with respondent's treatment. [19] However, on January 19, 2009, Dr. Abesamis declared that respondent had not reported for follow up despite repeated calls. [20] On April 8,