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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
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