4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 710 Phil. 838 THIRD DIVISION [ G.R. No. 202791, June 10, 2013 ] PHILIPPINE TRANSMARINE CARRIERS, INC., PETITIONER, VS. LEANDRO LEGASPI, RESPONDENT. DECISION MENDOZA, J.: This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the January 5, 2012 Resolution[1] and July 20, 2012 Resolution[2] of the Court of Appeals (CA), in CA-G.R. SP No. 116686, which denied the petitioner's motion to amend the dispositive portion of the June 29, 2011 CA Decision. The Factual and Procedural Antecedents Respondent Leandro Legaspi (respondent) was employed as Utility Pastry on board the vessel "Azamara Journey" under the employment of petitioner Philippine Transmarine Carriers, Inc. (petitioner). Respondent's employment was covered by a Collective Bargaining Agreement (CBA) wherein it was agreed that the company shall pay a maximum disability compensation of up to US$60,000.00 only. While on board the vessel, respondent suffered "Cardiac Arrest S/P ICD Insertation." He was checked by the ship's doctor and was prescribed medications. On November 14, 2008, respondent was repatriated to receive further medical treatment and examination. On May 23, 2009, the company- designated physician assessed his condition to be Disability Grade 2. Not satisfied, respondent filed a complaint for full and compensation against petitioner before the Labor Arbiter (LA). permanent disability The Labor Arbiter's Ruling In its January 25, 2010 Decision,[3] the LA ruled in favor of respondent, the dispositive portion of which reads: WHEREFORE, respondents (now petitioner) are hereby ordered to pay complainant jointly and severally, the following: 1. US$80,000.00 or its peso equivalent at the time of payment as permanent disability compensation; elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55882 1/10

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