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750 Phil. 937
FIRST DIVISION
[ G.R. No. 210634, January 14, 2015 ]
NORIEL R. MONTIERRO, PETITIONER, VS. RICKMERS MARINE
AGENCY PHILS., INC., RESPONDENT.
DECISION
SERENO, C.J.:
Before this Court is a Petition for Review on certiorari[1] seeking to nullify the Decision
dated 8 August 2013[2] and the Resolution dated 6 January 2014[3] issued by the Court
of Appeals (CA) in CA-G.R. SP No. 126618.
Facts
On 26 February 2010, respondent Rickmers Marine Agency Phils., Inc. (Rickmers), on
behalf of its foreign principal, Global Management Limited, hired petitioner Noriel
Montierro as Ordinary Seaman with a basic monthly salary of USD420. He was assigned
to work on board the vessel M/V CSAV Maresias.[4]
Sometime in May 2010, while on board the vessel and going down from a crane ladder,
Montierro lost his balance and twisted his legs, thus injuring his right knee.[5]
Thereafter, on 31 May 2010, he was examined in Livorno, Spain by Dr. Roberto Santini,
who recommended surgical treatment at home and found him unfit for duty.[6] Thus,
on 2 June 2010, Montierro was repatriated to the Philippines for further medical
treatment.[7]
On 4 June 2010, two days after his repatriation, Montierro reported to Dr. Natalio G.
Alegre II, the company-designated physician. He underwent a magnetic resonance
imaging (MRI) scan of his right knee. The MRI showed he had “meniscal tear, posterior
horn of the medical meniscus, and minimal joint fluid.” Upon the recommendation of Dr.
Alegre, Montiero underwent arthroscopic partial medical meniscectomy of his right knee
on 29 July 2010 at St. Luke’s Medical Center.[8]
On 20 August 2010, Montierro had his second check-up with Dr. Alegre, who noted that
the former’s surgical wounds had healed, but that there was still pain and limitation of
motion on his right knee on gaits and squats. The doctor advised him to undergo
rehabilitation medicine and continue physical therapy.[9]
On 3 September 2010, the 91st day of Montierro’s treatment, Dr. Alegre issued an
interim disability grade of 10 for “stretching leg of ligaments of a knee resulting in
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