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FIRST DIVISION
[ G.R. No. 230901, December 05, 2019 ]
MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISE LINES
LTD., AND/OR GARY M. CASTILLO, PETITIONERS, VS. ALLAN F.
BUICO, RESPONDENT.
DECISION
CAGUIOA, J:
This is a Petition for Review on Certiorari[1] (Petition) under Rule 45 of the Rules of
Court assailing the Decision [2] dated October 13, 2016 and Resolution[3] dated
March 31, 2017 of the Court of Appeals (CA) in CA-G.R. SP No. 144772, which denied
petitioners’ petition for certiorari under Rule 65 of the Rules of Court.
Facts
On November 5, 2013, petitioner Magsaysay Maritime Corporation (Magsaysay), a
local manning agency, in behalf of its principal, petitioner Princess Cruise Lines Ltd.,
entered into a contract of employment with respondent Allan F. Buico (Buico) as
Second Pantryman aboard the vessel Star Princess (Hotel).[4] Buico's basic wage was
US$477.00 per month with guaranteed overtime pay of US$498.00 per month, among
other benefits.[5]
While on board, Buico met an accident which caused him an injury on his right leg and
ankle.[6] First aid treatment was initially given to Buico and he was thereafter
transferred to a hospital in Canada where he underwent an Open Reduction Internal
Fixation (ORIF) surgery procedure.[7] Thereafter, he was repatriated to the Philippines
on July 9, 2014 for further treatment.[8]
After examination, the company-designated physician initially diagnosed Buico to
have "3/p ORIF (July 4, 2014-Canada) for Fracture, lateral and posterior malleolus
with talar shift, right", and recommended an orthopedic follow-up checkup and
continued wound care.[9] The company designated' physician again examined Buico on
August 14, 2014 and, in a medical report, he recommended 12 sessions of physical
therapy[10]
All in all, Buico underwent therapy for a total of 36 sessions starting
August 19, 2014 until November 28,2014, as shown by his certificate of attendance.[11]
On October 11, 2014 and November 15, 2014, the company designated
physician issued an Interim Disability Grading, assessing Buico's disability at Grade 10
pursuant to the Philippine Overseas Employment Administration-Standard Employment
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