4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 713 Phil. 487 FIRST DIVISION [ G.R. No. 199932, July 03, 2013 ] CAMILO A. ESGUERRA, PETITIONER, VS. UNITED PHILIPPINES LINES, INC., BELSHIPS MANAGEMENT (SINGAPORE) PTE LTD., AND/OR FERNANDO T. LISING, RESPONDENTS. DECISION REYES, J.: This is a petition for review on certiorari[1] under Rule 45 of the Rules of Court assailing the Decision[2] dated May 26, 2011 and Resolution[3] dated December 29, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 116631 which awarded disability benefits to Camilo Esguerra (petitioner) pursuant to the Philippine Overseas Employment Administration-Standard Employment Contract for Seafarers (POEA-SEC) and not under the collective bargaining agreement (CBA) as previously adjudged by the Labor Arbiter (LA) and the National Labor Relations Commission (NLRC). The Facts On October 26, 2007, United Philippines Lines, Inc. (UPLI), a Philippine-registered manning agency, in behalf of its principal, Belships Management (Singapore) Pte Ltd., (Belships), hired the petitioner to work as a fitter on board the vessel ‘M/V Jaco Triumph’ for a period of nine (9) months or until July 2008, subject to a one (1) month extension upon mutual agreement of the parties.[4] Their contract of employment was approved by the POEA and it contained a clause stating that “[t]he current PSU/ITF TCC Agreement shall be considered to be incorporated into and to form part of this contract.”[5] On August 21, 2008, while the petitioner was welding wedges inside Hatch 5 of the vessel, a manhole cover accidentally fell and hit the petitioner on the head. The impact of the blow caused him pain on his neck and shoulders despite him wearing a protective helmet. He was given immediate medical attention and was kept under constant monitoring and observation.[6] On September 11, 2008, the petitioner was medically repatriated to the Philippines where he arrived two (2) days later.[7] On September 15, 2008, he consulted UPLI’s accredited physician, Dr. Raymund Sugay of the Physicians’ Diagnostic Center. After a physical examination, the petitioner was found to be suffering from tenderness of paravertebral muscles along his back. The xelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56076 1/11

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