5/19/2021
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FIRST DIVISION
[ G.R. No. 224616, June 17, 2020 ]
C.F. SHARP CREW MANAGEMENT, INC., NORWEGIAN CRUISE LINE
LTD. AND JIKIE* P. ILAGAN, PETITIONERS, VS. FEDERICO A.
NARBONITA, JR., RESPONDENT.
DECISION
REYES, J. JR., J.:
Before this Court is a Petition for Review on Certiorari[1] assailing the December 2,
2015[2] and May 16, 2016[3] Resolutions of the Court of Appeals (CA) in CA-G.R. SP
No. 141341 which dismissed the petition for certiorari[4] filed by C.F. Sharp Crew
Management, Inc. (CF Sharp), Norwegian Cruise Line Ltd. (NCLL), and Jikie P. Ilagan
(Ilagan; collectively, petitioners) after finding no grave abuse of discretion on the part
of the National Labor Relations Commission (NLRC) in rendering its April 10, 2015
Resolution[5] affirming the August 29, 2014 Decision[6] of the Labor Arbiter (LA)
awarding permanent and total disability benefits to respondent Federico A. Narbonita,
Jr. (Narbonita).
The Facts
On February 7, 2013, petitioners hired Narbonita to work as stateroom steward on
board the vessel M/S Norwegian Star (Hotel) for a period of nine months.[7] Narbonita
boarded the vessel on February 24, 2013 after passing the Pre-Employment Medical
Examination (PEME).[8] Barely a month later on March 16, 2013, at around 9:00 p.m.,
Narbonita was washing and stowing ice chests when he suddenly slipped and landed on
his right knee.[9] He felt excruciating pain in his right knee and upon consultation with
the ship doctor, he was told that he was suffering from meniscus tear on his right knee
and should undergo Magnetic Resonance Imaging (MRI).[10] On March 19, 2013,
Narbonita disembarked at the Port of Belize where he was seen by a doctor and advised
to return to the Philippines immediately to undergo arthroscopic surgery.[11]
Consequently, Narbonita was repatriated and was confined for three days for his
arthroscopic knee surgery.[12] He was cleared by the company-designated physician
after a series of post-operative checkups sometime in June 2013.[13]
On August 30, 2013, Narbonita again entered into a nine-month contract of
employment[14] with petitioners for the same position and on board the same vessel
with an agreed basic monthly salary of US$545.00. Narbonita boarded M/S Norwegian
Star (Hotel) on October 1, 2013 after having been declared "fit to work" in his PEME
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