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SECOND DIVISION
[ G.R. No. 240614, June 10, 2019 ]
DANILLE G. AMPO-ON, PETITIONER, VS. REINIER* PACIFIC
INTERNATIONAL SHIPPING, INC. AND/OR NEPTUNE
SHIPMANAGEMENT SERVICES PTE./NOL LINER (PTE.), LTD.,**
RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated March 28,
2018 and the Resolution[3] dated July 10, 2018 of the Court of Appeals (CA) in CA-G.R.
SP No. 144437 which set aside the Decision[4] dated October 1, 2015 and the
Resolution[5] dated January 7, 2016 of the National Conciliation and Mediation Board
(NCMB) in MVA-093-RCMB-NCR-MVA-042-05-05-2015, granting petitioner Danille G.
Ampo-on's (petitioner) claim for total and permanent disability benefits in accordance
with the Singapore Organisation of Seamen - Neptune Shipmanagement Services, Pte.,
Ltd. Collective Bargaining Agreement[6] (CBA) in the amount of US$120,000.00, as well
as ten percent (10%) attorney's fees.
The Facts
On February 11, 2014, petitioner was employed as an Able Seaman by respondent
Reinier Pacific International Shipping, Inc. for and on behalf of its principal Neptune
Shipmanagement Services Pte./NOL Liner (Pte.), Ltd.[7] (respondents), on board M/V
APL Barcelona, under an eight (8)-month contract,[8] with a basic monthly salary of
US$671.00, exclusive of overtime pay and other benefits. After undergoing the required
pre-employment medical examination (PEME),[9] petitioner was declared fit for sea
duty, and thus, boarded the vessel.[10]
On October 18, 2014, while doing sanding works, petitioner heard a snap and
crunching sound in his back followed by tremendous pain. Upon reaching the port of
Taiwan on October 20, 2014, petitioner was sent to the hospital, where he was initially
diagnosed to be suffering from L3-L4 Spondylolisthesis and L3 Pars Fracture.[11]
Consequently, he was repatriated on October 23, 2014 and referred to the companydesignated physician, who performed several tests on him, advised him to undergo
physical therapy, and even suggested back surgery.[12]
Eventually, on February 6, 2015, the company-designated physician issued a medical
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