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767 Phil. 338

THIRD DIVISION
[ G.R. No. 190984, August 19, 2015 ]
ACOMARIT ACOMARIT LIMITED, PHILS., AND/OR HONGKONG
PETITIONERS, VS. GOMER L. DOTIMAS, RESPONDENT.
DECISION
PERALTA, J.:
For the Court's resolution is a petition for review on certiorari, dated March 8, 2010, of
petitioners Acomarit Phils. and/or Acomarit Hong Kong Limited, assailing the
Decision[1] and Resolution,[2] dated December 12, 2008 and January 20, 2010,
respectively, of the Court of Appeals (CA) reversing the Resolutions[3] dated September
30, 2003 and February 23, 2004 of the National Labor Relations Commission (NLRC)
and ruling that respondent Gomer L. Dotimas suffered from permanent total disability
thus entitling him to US$ 60, 000.00.
The antecedents follow:
Under a Contract of Employment dated October 27, 1999, respondent Gomer L.
Dotimas was employed by ACOMARIT Phils. for its principal and ACOMARIT Hongkong,
Limited as Able Seaman on board the vessel "M/V SAUDI RIYADH" for 10 months.[4]
His Employment Contract[5] stated the following terms and conditions:

Duration of Contract
Position
Basic Monthly Salary
Hours of work
Overtime

:
:
:
:
:

Vacation leave with pay
Point of hire

:
:

10 months
Able Seaman
US$ 410.00/mo.
44 hours/week
US$ 228.00/mo. Fixed overtime
2.68/hour after 90 hours
6 days/mo.
Manila, Philippines

Respondent was issued a clean bill of health prior to being deployed after he underwent
a medical examination required by the POEA and existing laws.[6]
On April 26, 2000, while on board and discharging his duties, respondent met an
accident which injured his left leg. He was brought to the Rashid Hospital in Dubai
where he was given first aid treatment.[7] Sometime in May 2000, respondent was
repatriated for medical reasons.[8]
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