664 Phil. 88
FIRST DIVISION
[ G.R. No. 168922, April 13, 2011 ]
WILFREDO Y. ANTIQUINA, PETITIONER, VS. MAGSAYSAY
MARITIME CORPORATION AND/OR MASTERBULK, PTE., LTD.,
RESPONDENTS.
DECISION
LEONARDO-DE CASTRO, J.:
Before the Court is a Petition for Review on Certiorari, assailing the Court of Appeals'
Decision[1] dated May 31, 2005 and Resolution[2] dated July 14, 2005 in CA-G.R. SP
No. 82638. In the Decision dated May 31, 2005, the Court of Appeals modified the
September 27, 2002[3] Decision of the Labor Arbiter in OFW Case No. 01-06-121600 awarding sickness allowance, permanent medical unfitness benefits and
attorney's fees in favor of petitioner. The Court of Appeals denied petitioner's motion
for reconsideration of the May 31, 2005 Decision in the assailed Resolution.
The material facts of the case, as culled from the records, follow:
Sometime in February 2000, petitioner Wilfredo Y. Antiquina was hired, through
respondent manning agency Magsaysay Maritime Corporation (MMC), to serve as
Third Engineer on the vessel, M/T Star Langanger, which was owned and operated by
respondent Masterbulk Pte., Ltd. (Masterbulk). According to petitioner's contract of
employment,[4] his engagement on the vessel was for a period of nine (9) months at
a salary of US$936.00 per month. It is undisputed that petitioner's contract
conformed to the standard Philippine Overseas Employment Agency (POEA) contract
of employment.
Petitioner commenced his employment on the M/T Star Langanger on March 1,
2000. Almost seven months later, or on September 22, 2000, during a routine
maintenance of the vessel's H.F.O Purifier #1, petitioner suffered a fracture on his
lower left arm after a part fell down on him. After first aid treatment was given to
petitioner, he was brought to a hospital in Constanza, Romania where the vessel
happened to be at the time of the accident. At the Romanian hospital, petitioner
was diagnosed with "fractura 1/3 proximala cubitus stg." as shown by the medical
certificate[5] issued by the attending physician and his arm was put in a cast.
On October 1, 2000, petitioner was signed off the vessel at Port Said, Egypt and was
repatriated to the Philippines, where he arrived on October 3, 2000. He immediately
reported to the office of MMC on October 4, 2000 and was referred to Dr. Robert Lim
of the Metropolitan Hospital. On October 5, 2000, petitioner was examined at the
Metropolitan Hospital and Dr. Lim subsequently issued a medical report confirming
that petitioner has an undisplaced fracture of the left ulna. Petitioner was given
medication and advised to return after two weeks for repeat x-ray and re-evaluation.
[6]