5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly THIRD DIVISION [ G.R. No. 238933, July 01, 2020 ] JOEY RONTOS CLEMENTE, PETITIONER, VS. STATUS MARITIME CORPORATION, BEKS DEMI ISLETMECILIGI VE TICARET A.S., AND/OR LOMA B. AGUIMAN, RESPONDENTS. DECISION LEONEN, J.: For this Court's resolution is a Petition for Review[1] assailing the Decision[2] and Resolution[3] of the Court of Appeals which affirmed the decisions of the National Labor Relations Commission and Labor Arbiter, disqualifying Joey Rontos Clemente from claiming disability benefits under the POEA Standard Employment Contract. On August 7, 2015, Joey Rontos Clemente (Clemente) was hired by Status Maritime Corporation (Status Maritime) as a fitter on behalf of Beks Gemi Isletmeciligi Ve Ticaret A.S. and its owner, Loma B. Aguiman.[4] The terms of employment were as follows: Duration of Contract: Position: Basic Monthly Salary: Fixed Overtime/103 Hrs. Monthly: Hours of Work: Leave Pay: Leave Subject: Owner's Bonus/Extra O.T. Over and Above 103 Hrs.: Point of Hire: O.T/Hour: CBA. if any: 9+3 MONTHS UPON MUTUAL CONSENT OF BOTH PARTIES FITTER US$735.20 US$546.40 48 HOURS/WEEK US$171.55 US$100.80 US$264.05 MANILA, PHILIPPINES US$5.30 NONE[5] Before boarding the vessel, Clemente underwent pre-employment medical examination and was declared fit to work.[6] On March 25, 2016, Clemente's shoulder snapped and was dislocated while he was allegedly lifting a heavy object. He was repatriated and recommended for surgical repair after being diagnosed with recurrent left shoulder dislocation.[7] Immediately after repatriation, Clemente reported to Status Maritime, which referred him to the company designated physician who advised him to undergo MRI. However, https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66521 1/19

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