4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 700 Phil. 598 THIRD DIVISION [ G.R. No. 175491, December 10, 2012 ] CREW AND SHIP MANAGEMENT INTERNATIONAL INC. AND SALENA INC., PETITIONERS, VS. JINA T. SORIA, RESPONDENT. DECISION MENDOZA, J.: This petition for review on certiorari under Rule 45 of the Rules of Court assails the May 31, 2006 Decision[1] and the November 14, 2006 Resolution[2] of the Court of Appeals (CA), in CA-G.R. SP No. 85350, which set aside the April 30, 2004 Resolution[3] of the National Labor Relations Commission (NLRC), dismissing the complaint of Jina T. Soria[4] (respondent), on behalf of her late husband Zosimo J. Soria (Zosimo), for death compensation benefits. The Factual and Procedural Antecedents On August 7, 1995, Zosimo entered into a one-year contract of employment[5] with Salena Inc., through its local manning agent, Crew and Ship Management International Inc. (petitioners). He was employed as an Assistant Cook on board M.V. Sofia, later renamed M.V. Apollo, with a basic monthly salary of US$200.00. On June 5, 1996, Zosimo, during his routine duty inside M.V. Apollo’s engine room, suffered burns on his left knee when it accidentally brushed the hot engine. The vessel’s medical officer immediately attended and treated Zosimo’s injury with the appropriate medication. On June 9, 1996, M.V. Apollo arrived at New Orleans from Masinloc, Zambales, Philippines. On June 16, 1996, M.V. Apollo departed New Orleans and reached Guayaquil, Ecuador, on June 26, 1996. From June 9, 1996 to June 26, 1996, there were no reported complaints from Zosimo. On June 28, 1996, per M.V. Apollo’s Master’s Report,[6] Zosimo requested for medical attention. Subsequently, Zosimo was confined in a hospital in Ecuador where the cleaning and dressing of the wound and skin grafting over the burn areas with skin taken from the left lateral aspect of the left thigh were performed. On July 10, 1996, Zosimo was discharged from the hospital and deemed fit for repatriation. Upon his repatriation to the Philippines, Zosimo immediately went to Legaspi City. On July 13, 1996, Zosimo sought medical attention for his burn wounds in Ago General Hospital, Legaspi City. In the Medical Certificate,[7] Zosimo was diagnosed with a “Healed Wound With Viable Skin Graft, Non-Infected; Dried Wound At Harvest Site, Lateral Aspect Of Left Thigh.” elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55408 1/11

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