6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 781 Phil. 674 THIRD DIVISION [ G.R. No. 206256, February 24, 2016 ] ALBERT C. AUSTRIA, PETITIONER, VS. CRYSTAL SHIPPING, INC., AND/OR LARVIK SHIPPING A/S, AND EMILY MYLA A. CRISOSTOMO, RESPONDENTS. DECISION PEREZ, J.: For resolution of the Court is the instant Petition for Review on Certiorari filed by petitioner Albert C. Austria (Petitioner), seeking to reverse and set aside the Decision[1] dated 4 September 2012 and Resolution[2] dated 13 March 2013 of the Court of Appeals (CA) in CA-G.R. SP No. 117578. The assailed decision and resolution reversed the National Labor Relations Commission (NLRC) Decision dated 17 August 2010 and its Resolution dated 14 October 2010 and thereby found the disability of the petitioner not compensable under the Collective Bargaining Agreement (CBA). The Facts Respondent Crystal Shipping, Inc., is a foreign juridical entity engaged in maritime business. It is represented in the Philippines by its manning agent, and co-respondent herein, Larvik Shipping A/S, a corporation organized and existing under Philippine laws. Petitioner was hired by Crystal Shipping thru its manning agent, Larvik Shipping as Chief Cook. His employment was to run for a period of eight months and he was to receive, inter alia, a basic monthly salary of US$758.00 with an overtime pay of US$422.00 each month as evidenced by his Contract of Employment.[3] Under his contract, petitioner was covered by the Norwegian International Ship Register (NIS) CBA. Prior to the execution of the contract, petitioner underwent a thorough Pre-Employment Medical Examination (PEME) and after compliance therewith, he was certified as "fit to work" by the company designated physician. On 27 August 2008, petitioner commenced his work as Chief Cook on board M/V Yara Gas. Sometime in the last week of September 2008, petitioner, while on board the vessel, started suffering from chronic cough with excessive phlegm and experienced difficulty breathing. He immediately reported his condition to the medical officer on board. Upon the arrival of the vessel in Hamburg, Germany, petitioner was referred for medical examination and it was found that he was suffering from "Bronchial Catarrh/Bronchitis; Pharnx Irritation. "[4] After giving him proper medication, the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61708 1/9

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