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747 Phil. 643
THIRD DIVISION
[ G.R. No. 209202, November 19, 2014 ]
CATALINO B. BELMONTE, JR., PETITIONER, VS. C.F. SHARP CREW
MANAGEMENT, INC.,/JUAN JOSE P. ROCHA AND JAMES FISHER
(GUERNSEY) LTD., RESPONDENTS.
DECISION
REYES, J.:
Before this Court is a Petition for Review on Certiorari[1] assailing the Decision[2] dated
April 29, 2013 and Resolution[3] dated September 18, 2013 of the Court of Appeals
(CA) in CA-G.R. SP No. 124335, which nullified and set aside the Decision[4] dated
January 24, 2012 and Resolution[5] dated February 23, 2012 of the National Labor
Relations Commission (NLRC) Third Division in NLRC LAC No. 10-002672-11, and
reinstated the Decision[6] dated August 25, 2011 of the Labor Arbiter (LA) dismissing
the claim for disability benefits of petitioner Catalino B. Belmonte, Jr. (Belmonte).
The Facts
The case arose from a complaint for payment of disability benefits, medical expenses,
with damages and attorney’s fees, filed by Belmonte against respondents C.F. Sharp
Crew Management, Inc., (CFSCMI), a Philippine manning agency, its President/General
Manager, Juan Jose P. Rocha, and its foreign principal, James Fisher (Guernsey) Ltd.
(respondents).
Belmonte entered into a six (6) months contract of employment with CFSCMI as A/B
Cook on board the vessel M/T Summity, with a basic monthly salary of $698.00. After
undergoing the required preemployment medical examination and being declared fit for
sea duty, he was deployed on September 14, 2008.
Unfortunately, on December 12, 2008, Belmonte met an accident on board the vessel
when he was used as a human mannequin during an emergency fire drill exercise. A
metal ladder accidentally hit the right sternoclavicular part of his body from which he
sustained an injury. On December 13, 2008, he was brought to a clinic in France where
his x-ray result showed that he has a fracture at the right sternoclavicular bone.[7] As a
result, on December 22, 2008, Belmonte was repatriated to the Philippines.
Upon his return, Belmonte was referred by the respondents to the company-designated
physician, Dr. Antonio A. Pobre (Dr. Pobre), an Orthopaedic Surgeon, who issued an
Initial Medical Report[8] dated December 23, 2008 assessing Belmonte’s injury as
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