6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61059 1/13

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