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815 Phil. 401
SECOND DIVISION
[ G.R. No. 220002, August 02, 2017 ]
EUGENIO M. GOMEZ, PETITIONER, VS. CROSSWORLD MARINE
SERVICES, INC., GOLDEN SHIPPING COMPANY S.A., AND ELEAZAR
DIAZ, RESPONDENTS.
DECISION
PERALTA, J.:
This is a petition for review on certiorari of the Decision[1] of the Court of Appeals[2]
dated February 5, 2015 and its Resolution[3] dated August 7, 2015, declaring petitioner
Eugenio M. Gomez to have suffered permanent partial disability with an impediment of
Grade 8 and ordering respondents Crossworld Marine Services, Inc., Golden Union
Shipping Company, S.A. and Eleazar Diaz jointly and severally liable to pay petitioner
Gomez his disability compensation in the amount of US$30,527.26 or its peso
equivalent at the exchange rate prevailing at the time of actual payment as well as
attorney's fees equivalent to 10% of the said amount due.
The facts are as follows:
On October 12, 2011, Crossworld Marine Services, Inc., in behalf of its principal,
Golden Union Shipping Company, hired petitioner Eugenio M. Gomez as an Ordinary
Seaman in the vessel M/V Elena VE for a period of 11 months, with a basic monthly
compensation of US$583.00. At the time of petitioner's employment, the employees of
M/V Elena VE were covered by a special agreement known as ITF UNIFORM "TCC"
Collective Agreement between the ship owner and the union.[4]
Before being hired by respondents, petitioner underwent the required pre-employment
medical examination and he was declared fit to work. Petitioner, 42 years old then,
joined respondents' vessel on October 30, 2011 in Belgium.[5]
On February 29, 2012, at about 8:00 a.m., the Chief Officer of the vessel told petitioner
to remove the ice from the lower and upper decks of the ship. While performing this
task, petitioner accidentally slipped and hit his lower back on the steel deck. Petitioner
was immediately in pain, but thought it was just temporary. He rested a moment and
then continued to work despite the pain. He reported the incident to his superior when
he asked for pain relievers.[6]
After 15 days or on March 15, 2012, petitioner could no longer bear the pain on his
back and went to the vessel's master and requested for medical examination. He was
told to go to the hospital the next day.[7]
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