reimbursement if his placement fee and the deductions made with interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract.89 xxx” From the above-quoted portions of Section 10 of Republic Act No. 8042, as amended, it is clear that only OFWs/migrant workers who were illegally dismissed are entitled to the award of the unexpired portion of the contract, while OFWs who were repatriated back to the Philippines due to work-related injuries or illness, there being no illegal dismissal, are not so entitled. Attempts to utilize Section 10 of R. A. 8042 in order to claim the unexpired portion of the overseas employment contract as compensation for OFWs who suffered work-related injuries were unsuccessful. In the case of “Renato Dasigan Masagca V. Batangueno Human Resources Inc., Keangnam Enterprises Ltd., and/or Ruel S. Atienza” 90, a case wherein the OFW was repatriated by his employer due to his inability to work on account of the injury he suffered while at work. He suffered a deep cut in his right hand as well as broken bones. His right arm cannot be used anymore due to the pain and numbness radiating up to his shoulder. Since he cannot work anymore, he was repatriated to the Philippines. Complainant filed a case for payment of the unexpired portion of the contract. The NLRC ruled as follows: “Third, Anent the claim for the unexpired portion of the contract, this Office must necessarily deny the same. It must be noted that complainant never alleged illegal dismissal in the present case. Rather, complainant confirms that he suffered an injury which rendered him unable to work and which warranted his repatriation to the Philippines. There being no illegal dismissal, the claim for payment of salary for the unexpired portion of his contract cannot be sustained pursuant to paragraph 5 section 7 of RA 10022 (the Amended Migrant Workers Act) which clearly provides: In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, or any authorized deductions from the migrant worker’s salary, the worker shall be entitled to the full reimbursement of his placement fee and the deductions made with interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract 89 90 The phrase “or for three (3) months for every year of the unexpired term, whichever is less” was struck down as unconstitutional by the Supreme Court in the first instance in the case of “Serrano vs. Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc.,” G. R. No. 167614, 24 March 2009 and in the second instance in “Sameer Overseas Placement Agency, Inc. vs. Joy C. Cabiles,” G. R. No. 170139, 05 August 2014. NLRC NCR Case No. (L)10-16171-12 52