8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly THIRD DIVISION [ G.R. No. 213482, June 26, 2019 ] GEORGE M. TOQUERO, PETITIONER, VS. CROSSWORLD MARINE SERVICES, INC., KAPAL CYPRUS, LTD., AND ARNOLD U. MENDOZA, RESPONDENTS. DECISION LEONEN, J.: Disability ratings should be adequately established in a conclusive medical assessment by a company-designated physician. To be conclusive, a medical assessment must be complete and definite to reflect the seafarer's true condition and give the correct corresponding disability benefits.[1] This Court resolves a Petition for Review on Certiorari[2] assailing the April 16, 2014 Decision[3] and July 17, 2014 Resolution[4] of the Court of Appeals in CA-G.R. SP No. 132195. The Court of Appeals ruled that George M. Toquero's (Toquero) injury is not compensable under the Collective Bargaining Agreement and the Philippine Overseas Employment Administration Standard Employment Contract (POEA Standard Employment Contract). On January 16, 2012, Toquero was employed by Crossworld Marine Services, Inc. (Crossworld) on behalf of its principal, Kapal Cyprus, Ltd., as a fitter for vessel MV AS VICTORIA.[5] His employment had the following terms and conditions: Duration of : 07 Months (+/-1) contract Position : FITTER Basic Monthly : USD 774.00 Salary Hours of : 40hrs/week Work Guaranteed : USD 576.00 in excess of Overtime 103 [hours] at USD 5.59 Leave Pay : USD 206.00 Subsistence : USD 152.00 Allowance Monthly : USD 31.00 Bonus Total : USD 1,739.00 Point of : MANILA, PHILIPPINES https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333 1/22

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