6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61727 1/13