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754 Phil. 380
THIRD DIVISION
[ G.R. No. 214132, February 18, 2015 ]
SEALANES MARINE SERVICES, INC./ARKLOW SHIPPING
NETHERLAND AND/OR CHRISTOPHER DUMATOL, PETITIONERS,
VS. ARNEL G. DELA TORRE, RESPONDENT.
RESOLUTION
REYES, J.:
This is a Petition for Review on Certiorari[1] from the Decision[2] dated April 24, 2014 of
the Court of Appeals (CA) in CA-G.R. SP No. 130641, which affirmed the Decision dated
February 28, 2013 and Resolution dated April 24, 2013 of the National Labor Relations
Commission (NLRC), in NLRC LAC-09-000747-12-OFW, entitled, “Arnel G. Dela Torre v.
Sealanes Marine Services, Inc./Arklow Shipping Netherland and Christopher Dumatol,”
which upheld the disability award by the Labor Arbiter (LA) of US$80,000.00 in favor of
Arnel G. Dela Torre (respondent), pursuant to the parties’ Collective Bargaining
Agreement (CBA).
Factual Antecedents
The respondent was hired by Sealanes Marine Services, Inc. (Sealanes), a local
manning agency, through its President, Christopher Dumatol (Dumatol), in behalf of its
foreign principal, Arklow Shipping Netherland (petitioners), as an able seaman on board
M/V Arklow Venture for a period of nine months at a basic monthly salary of
US$545.00. An overriding CBA between the respondent’s union, Associated Marine
Officers’ and Seamen’s Union of the Philippines, and the Netherlands Maritime
Employers Association, called “CBA for Filipino Ratings on Board Netherlands Flag
Vessels” (Dutch CBA), also covered his contract.[3]
The respondent embarked on January 21, 2010. On August 1, 2010, during the crew’s
rescue boat drill at the port of Leith, Scotland, he figured in an accident and injured his
lower back. An X-ray of his lumbosacral spine was taken at a hospital at the port, but
while according to his attending physician he sustained no major injury, the pain in his
back persisted and he was repatriated. On August 4, 2010, the respondent was
referred by Sealanes to the Marine Medical Services of the Metropolitan Medical Center.
On August 5, 2010, an X-ray of his lumbosacral spine showed, per the medical report,
that he sustained “lumbar spine degenerative changes with associated L1 compression
fracture.” The next day, a Magnetic Resonance Imaging scan of his lumbar spine
revealed an “acute compression fracture body of L1; right paracentral disc protrusion at
L5-S1 causing minimal canal compromise; L4-L5 and L5-S1 disc dehydration.” Again
on December 16, 2010, an X-ray showed “compression deformity of L1 vertebra; L2-L1
disc space is now defined but slightly narrowed”. On January 27, 2011, his fourth X-ray
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