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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
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