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767 Phil. 356
FIRST DIVISION
[ G.R. No. 195978, August 19, 2015 ]
JOSE YOAC ESTRELLA, PETITIONER, VS. BSM CREW SERVICE
CENTRE PHILS., (FORMERLY PHILIPPINE HAMMONIA SHIP
AGENCY INC.) AND HANSEATIC SHIPPING CO., LTD.,
RESPONDENTS.
DECISION
PEREZ, J.:
The propriety of an assessment of permanent total disability after an incapacity lasting
more than 120 days is at issue in this Petition for Review on Certiorari filed under Rule
45 of the Rules of Court, assailing the 30 November 2010 Decision[1] rendered by the
then Special Twelfth Division of the Court of Appeals (CA) in CA-G.R. SP No. 110492,
the decretal portion of which states:
WHEREFORE, in view of the foregoing, the assailed NLRC resolutions dated
March 30, 2009 and July 15, 2009 are hereby MODIFIED to delete the
award of permanent disability benefits to private respondent Estrella in the
amount of US$60,000.00. Instead, Estrella is hereby declared entitled to
temporary total disability benefits equivalent to US$8,000.00 to be paid by
petitioners to private respondent in Philippine currency equivalent at the
time of actual payment. The award of attorney’s fees STANDS.[2]
The Facts
On August 4, 2007, petitioner Jose Yoac Estrella was employed by respondent BSM
Crew Service Center Phils. (formerly Philippine Hammonia Ship Agency, Inc.) as Second
Engineer for the Venus Gas, an ocean-going vessel owned by its foreign principal,
respondent Hanseatic Shipping Co. Ltd. Duly approved by the Philippine Overseas
Employment Administration (POEA), the Employment Contract executed by the parties
fixed the duration of Petitioner’s engagement in said capacity at six months and
provided a monthly salary of US$1,600.00, among other benefits.[3]
Petitioner boarded said vessel on 23 August 2007 and immediately started discharging
his duties and responsibilities. Returning to the vessel after placing a call at the
dockyard phone booth at around 9:00 p.m. of 23 August 2007, petitioner lost his
balance and tripped on a mooring line while trying to regain his footing. The mishap
caused him to tumble towards a wooden crate upon which he fell and hurt his right
shoulder.[4]
Considering that his right shoulder became swollen and painful, petitioner was referred
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