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THIRD DIVISION
[ G.R. No. 199162, July 04, 2018 ]
PHIL-MAN MARINE AGENCY, INC., AND DOHLE (10M) LIMITED,
PETITIONERS, VS. ANIANO P. DEDACE, JR., SUBSTITUTED BY HIS
SPOUSE LUCENA CAJES DEDACE, FOR AND IN BEHALF OF THEIR
THREE [3] CHILDREN, NAMELY, ANGELICA, ANGELO AND STEVE
MAC, ALL SURNAMED DEDACE, RESPONDENT.
DECISION
MARTIRES, J.:
This is a petition for review on certiorari seeking to reverse and set aside the 11 May
2011 Decision[1] and 24 October 2011 Resolution[2] of the Court of Appeals (CA) in CAG.R. SP No. 102527, which set aside the 6 March 2007[3] and 22 October 2007[4]
Resolutions of the National Labor Relations Commission (NLRC) in NLRC-NCR CA No.
046726-05 which, in turn, affirmed the 12 October 2005 Decision[5] of the Labor
Arbiter (LA) in NLRC-NCR Case No. OFW(M)-04-07-07888-00, a claim for permanent
and total disability benefits by a seafarer.
THE FACTS
On 18 June 2003, petitioner Phil-Man Marine Agency, Inc. (PhilMan), a domestic
corporation, engaged the services of respondent Aniano P. Dedace, Jr. (Dedace) to work
on board the vessel M/V APL Shanghai for and on behalf of its principal, the petitioner
Dohle (IOM) Limited (Dohle), under the following terms and conditions:
Duration of
the Contract
Position
Basic Monthly
Salary
Hours of
Work
Overtime
Vacation
Leave with
Pay
: Nine Months
: Able Seaman
: USD 465.00/mo.
: 48 hrs./Week
: USD 2.79/hr.
: USD 78.00/mo.[6]
On 26 July 2003, Dedace boarded M/V APL Shanghai and performed his tasks thereon
as an Able Seaman.[7]
Sometime in January 2004, Dedace started feeling frequent inermittent pains on his
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