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769 Phil. 915
FIRST DIVISION
[ G.R. No. 215551, September 16, 2015 ]
JAKERSON G. GARGALLO, PETITIONER, VS. DOHLE SEAFRONT
CREWING (MANILA), INC., DOHLE MANNING AGENCIES, INC., AND
MR. MAYRONILO B. PADIZ, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated June 10,
2014 and the Resolution[3] dated November 21, 2014 of the Court of Appeals (CA) in
CA-G.R. SP No. 130266, which reversed and set aside the Resolutions dated March 25,
2013[4] and May 15, 2013[5] of the National Labor Relations Commission (NLRC) in
NLRC LAC No. 01-000062-13/NLRC NCR No. 07-11019-12, and dismissed petitioner
Jakerson G. Gargallo's (petitioner) claim for permanent total disability benefits.
The Facts
Petitioner was hired by respondent Dohle Seafront Crewing (Manila), Inc. (Dohle
Seafront), in behalf of Dohle Manning Agencies, Inc. (Dohle Manning), as a wiper on
board the vessel "MV WIDAR" with a basic monthly salary of $516.00. Prior to his
deployment, petitioner underwent a pre-employment medical examination, and was
declared fit to work. He then boarded the vessel on September 14, 2011.[6]
On February 28, 2012, while petitioner was lifting heavy loads of lube oil drum, the
vessel rolled slightly, which triggered the drum to swing uncontrollably, and, in
consequence, caused petitioner to lose his balance and fall on deck, with his left arm
hitting the floor first, bearing his full body weight.[7] On March 8, 2012, petitioner was
referred to a portside medical facility in Sauda, Norway where he was diagnosed and
treated for "L72 BREAK IN [the] LOWER LEFT ARM," and later found to have a "RADIUS
SHAFT FRACTURE OF THE LEFT [FOREARM]," which will require urgent corrective
surgery. He was then referred to Haugesund Hospital for further examination, and
likewise recommended for repatriation.[8]
Following his repatriation on March 11, 2012, petitioner was seen by the companydesignated physician, Doctor Nicomedes G. Cruz, M.D. (Dr. Cruz), and was immediately
confined at the Manila Doctors Hospital. As his x-ray showed that he had "comminuted
displaced fracture of proximal third of the left radius,"[9] petitioner was referred to the
company-designated orthopedic surgeon, Dr. Cirilo Tacata, M.D., who performed an
Open Reduction and Internal Fixation surgery on him.[10] He was discharged on March
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