6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 752 PHIL. 232 THIRD DIVISION [ G.R. No. 193468, January 28, 2015 ] AL O. EYANA, PETITIONER, VS. PHILIPPINE TRANSMARINE CARRIERS, INC., ALAIN A. GARILLOS, CELEBRITY CRUISES, INC. (U.S.A.), RESPONDENTS. DECISION REYES, J.: The instant petition for review on certiorari[1] assails the Decision[2] dated March 22, 2010 and Resolution[3] dated August 13, 2010 of the Court of Appeals (CA) in CA-G.R. SP No. 108483. The CA affirmed the Decision[4] of the National Labor Relations Commission (NLRC) dated November 28, 2008, which declared that Al O. Eyana (petitioner) is entitled to an award of disability compensation equivalent to Grade Eight under the Philippine Overseas Employment Agency (POEA) Standard Employment Contract (SEC). The NLRC reversed the labor arbiter’s (LA) earlier decision,[5] which awarded to the petitioner US$80,000.00 as total and permanent disability benefits, and US$8,000.00 as attorney’s fees. Antecedents Respondent Philippine Transmarine Carriers, Inc. (PTCI) is a local manning agency, with Alain A. Garillos (Garillos) as its crewing manager and official representative. PTCI, for and on behalf of its foreign principal, Celebrity Cruises, Inc. (CCI), hired the petitioner to assume the position of a utility cleaner on board M/V Century. The petitioner then joined the ship on April 15, 2006. His contract covered a period of eight months and his basic monthly salary was US$267.00. His tasks were predominantly manual in nature, which involved lifting, carrying, loading, transporting and arranging food supplies, and floor cleaning.[6] On August 2, 2006, the petitioner felt a sudden pain in his back after lifting a 30-kilo block of cheese from the freezer shelf. He was no longer able to carry the cheese to the kitchen. He reported the incident to his superior.[7] The petitioner was confined in a hospital in Oslo, Norway from August 4 to 16, 2006. He was medically repatriated to the Philippines on August 17, 2006.[8] PTCI immediately referred the petitioner to Dr. Natalio G. Alegre II (Dr. Alegre) for treatment. The initial consultation was on August 18, 2006. Dr. Alegre noted that the petitioner was (a) suffering from severe low back pains, (b) experiencing numbness elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58964 1/18

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