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811 Phil. 486
SECOND DIVISION
[ G.R. No. 218242, June 21, 2017 ]
PAULINO M. ALDABA, PETITIONER, VS. CAREER PHILIPPINES
SHIP-MANAGEMENT, INC., COLUMBIA SHIPMANAGEMENT LTD.,
AND/OR VERLOU CARMELINO, RESPONDENTS.
DECISION
PERALTA,** J.:
For this Court's consideration is the Petition for Review on Certiorari under Rule 45 of
the Rules of Court dated June 4, 2015 of petitioner Paulino M. Aldaba that seeks to
reverse and set aside the Decision[1] dated November 19, 2014 of the Court of Appeals
(CA) in CA-G.R. SP No. 127057 reversing the Decision dated July 16, 2012 and
Resolution dated August 31, 2012 of the National Labor Relations Commission (NLRC),
2nd Division granting petitioner total and permanent disability benefits in the amount of
US$60,000.00.
The facts follow.
Petitioner Paulino M. Aldaba was hired by respondents Career Philippines
Shipmanagement Incorporated, and Verlou Carmelino, in behalf of their foreign
principal, petitioner Columbia Shipmanagement Ltd., as Bosun for work on board the
vessel M/V Cape Frio with a basic monthly salary of US$564.00.
In the course of the performance of his duties, on April 4, 2011, petitioner was
accidentally hit by twisted chains made of heavy metal causing him to fall and
eventually resulted to a back injury.
Thus, on April 7, 2011, when the vessel was at the Port of Hongkong, petitioner was
examined at the Quality Health Care Medical Center by Dr. Thomas Wong, with the
examination showing that petitioner suffered a fractured back and was declared unfit to
work. As such, he was immediately repatriated.
On April 11, 2011, upon his arrival in Manila, petitioner was referred by respondents to
the company-designated physician at NGC Medical Specialist, Inc. for treatment and
rehabilitation. The x-ray examination on his back showed a "misalignment of distal
sacrum that may suggest fracture." In addition, the x-ray examination on his thoracic
spine revealed an "anterior wedging deformity, T11 Osteopenia and early degenerative
osseus changes."
The company-designated physician, after the continuing evaluation and medical
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