5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58640 1/9

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