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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
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