8/26/2020
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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
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