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FIRST DIVISION
[ G.R. No. 229228, January 26, 2021 ]
TORM SHIPPING PHILIPPINES, INC., TORM S/A, PETITIONERS, VS.
PAMFILO A. ALACRE, RESPONDENT.
DECISION
GAERLAN, J.:
Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of
Court seeking to annul and set aside the Decision[1] of the Court of Appeals (CA) in CAG.R. SP No. 138700 dated July 13, 2016 and its Resolution[2] dated January 11, 2017,
denying the motion for reconsideration thereof. The assailed Decision granted the
petition for certiorari filed by the petitioner, annulled and set aside the Decision and
Resolution dated August 29, 2014 and October 31, 2014, respectively, of the National
Labor Relations Commission (NLRC), and reinstated the Decision dated February 21,
2014 issued by the Labor Arbiter (LA).
The Antecedent Facts
Respondent Pamfilo A. Alacre was hired by petitioner TORM Shipping Philippines, Inc.
for its principal, TORM.[3]
Under the employment contract, respondent was hired as a Fitter on board the vessel
Torm Kristina for a period of six months with a basic monthly salary of US$648.00.
Prior to his embarkation on March 12, 2012, the respondent underwent PreEmployment Medical Examination and was declared fit to work.[4]
Sometime in July 2012, while working on board the vessel, respondent felt pain on his
right shoulder. He sought medical help and was diagnosed by the doctor to be suffering
from "Right shoulder sprain, right hand joint sprain."[5]
Respondent was repatriated to the Philippines on July 8, 2012. He was referred to the
company-designated physician, Dr. Amado Regino of the NGC Medical Specialist Clinic,
Inc. (NGC Clinic) for post-employment medical examination.[6]
Thereafter, the respondent underwent a series of treatments from July 10, 2012 up to
October 24, 2012, as evidenced by Medical Reports[7] issued by the NGC Clinic.
On October 29, 2012, the NGC Medical Clinic issued a Medical Report[8] finding that
based on the respondent's medical condition, his interim disability grading is "Grade 10
– inability to raise arm more than halfway from horizontal to perpendicular."[9]
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