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753 Phil. 308
SECOND DIVISION
[ G.R. No. 206285, February 04, 2015 ]
VERITAS MARITIME CORPORATION AND/OR ERICKSON MARQUEZ,
PETITIONERS, VS. RAMON A. GEPANAGA, JR., RESPONDENT.
DECISION
MENDOZA, J.:
Before this Court is a petition for review on certiorari[1] assailing the September 17,
2012 Decision[2] and the March 14, 2013 Resolution[3] of the Court of Appeals (CA), in
CA-G.R. SP No. 115186, which stemmed from a claim for permanent disability benefits,
sickness allowance, damages, and attorney’s fees, filed by respondent Ramon A.
Gepanaga, Jr. (Gepanaga) against petitioner Veritas Maritime Corporation (Veritas), and
its president, petitioner Erickson Marquez (Marquez), before the National Labor
Relations Commission (NLRC).
In the August 27, 2009 Decision[4] of Labor Arbiter Fe S. Cellan (LA), the complaint
filed by Gepanaga was dismissed for lack merit. On appeal, the NLRC reversed the
ruling of the LA and declared Gepanaga to be suffering from permanent total disability.
The NLRC, thus, ordered Veritas and Marquez to compensate him in the amount of
$89,100.00 or its Philippine Peso equivalent.[5] After their motion for reconsideration
was denied by the NLRC in its June 28, 2010 Resolution,[6] Veritas and Marquez filed a
petition for certiorari[7] with the CA.
The CA, while affirming the findings and conclusions of the NLRC, modified its
disposition and made the obligation to pay disability benefits to Gepanaga the sole
responsibility of Veritas.[8] Veritas attempted to seek reconsideration but its effort was
rebuffed.[9]
Hence, this petition.
The Facts:
It appears that on March 11, 2008, Gepanaga entered into a contract of employment
with Veritas, for and in behalf of St. Paul Maritime Corporation, to work on board the
vessel M.V. Melbourne Highway as Wiper Maintenance for six (6) months.[10] By
executing the contract of employment, the parties agreed to be bound by the
provisions of Philippine Overseas Employment Administration Standard Employment
Contract (POEA-SEC), as well as the IBF-JSU AMOSUP IMMAJ collective bargaining
agreement (CBA).[11]
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