1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 226385, August 19, 2019 ] CELSO S. MANGUBAT, JR., PETITIONER, VS. DALISAY SHIPPING CORPORATION, WEALTH SHIPPING LIMITED AND DANNY DADILA, RESPONDENTS. DECISION CAGUIOA, J: Before the Court is a Petition for Review on Certiorari[1] (Petition) under Rule 45 of the Rules of Court assailing the Resolutions dated April 19, 2016[2] and August 15, 2016[3] of the Court of Appeals (CA) in CA-G.R. SP No. 142820. The CA dismissed the petition for certiorari assailing the Resolution[4] dated May 29, 2015 of the National Labor Relations Commission (NLRC) in NLRC LAC No. (OFW-M) 03-000251-15, which affirmed with modification the Labor Arbiter's (LA) Decision[5] dated February 17, 2015 in NLRC NCR Case No. (M) 10-13089-14 finding that petitioner Celso S. Mangubat, Jr. (petitioner) was not entitled to disability benefits. Facts The factual findings of the LA, as affirmed by both the NLRC and the CA, are as follows: Complainant [(petitioner herein)] was contracted by the respondents to work as an oiler on board the vessel M.V. SG Capital [for] a period of [10 months]. He joined the vessel on February 19, 2014. On February 28, 2014, complainant and the 4th Engineer performed maintenance work on the motor of a purifier situated at a narrow area. While they were trying to lift the motor, complainant took a step but went out of balance and fell off with his right leg hitting the deck floor x x x. Complainant was brought to a hospital in Australia and was repatriated for medical treatment on March 14, 2014. Complainant was referred to the company-designated physician and specialist at the Marine Medical Services of the Cardinal Santos Medical Center. Complainant was diagnosed to have a depressed fracture at the lateral tibial plateau of his right leg x x x. On April 9, 2014, complainant underwent Diagnostic Arthroscopy and Synovectomy in the knee joint and Percutaneous Screw Fixation of Sagittal Split Fracture at the Proximal Tibia of his right leg x x x and thereafter underwent physical rehabilitation program. As of May 5, 2014, complainant's range of motion of his right knee was 0 to 110 degrees (normal is 0 to 135) but swelling in his right knee was https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65636 1/10

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