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806 Phil. 505
THIRD DIVISION
[ G.R. No. 223035, February 27, 2017 ]
REYNALDO Y. SUNIT, PETITIONER, VS. OSM MARITIME SERVICES,
INC., DOF OSM MARITIME SERVICES A/S, AND CAPT. ADONIS B.
DONATO, RESPONDENTS.
DECISION
VELASCO JR., J.:
Nature of the Case
Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of
Court assailing the June 10, 2015 Decision[1] and February 10, 2016 Resolution[2] of
the Court of Appeals (CA) in CA-G.R. SP No. 138268, which reversed and set aside the
August 29, 2014 Decision of the National Labor Relations Commission (NLRC).
Factual Antecedents
On June 18, 2012, respondent OSM Maritime Services, Inc. (OSM Maritime), the local
agent of respondent DOF OSM Maritime Services A/S, hired petitioner Reynaldo Sunit
(Sunit) to work onboard the vessel Skandi Texel as Able Body Seaman for three (3)
months with a monthly salary of $689. Deemed incorporated in the employment
contract is the 2010 Philippine Overseas Employment Agency Standard Employment
Contract (POEA-SEC) and the NIS AMOSUP CBA.
During his employment, petitioner tell from the vessel's tank approximately 4.5 meters
high and suffered a broken right femur. He was immediately brought to a hospital in
the Netherlands for treatment and was eventually repatriated due to medical reason.
Upon his arrival in Manila on October 6, 2012, he immediately underwent a postemployment medical examination and treatment for his injury at the Metropolitan
Medical Center, wherein the company-designated physician diagnosed him to be
suffering from a "Fractured, Right Femur; S/P Intramedullary Nailing, Right Femur."
On January 13, 2013, after 92 days of treatment, the company-designated doctor
issued a Medical Report[3] giving petitioner an interim disability Grade of 10.[4] Said
medical report reads:
MEDICAL REPORT:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831
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