8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly accident while on board the ship. A review of the records reveals that the CA was correct. An accident has been defined in NFD International Manning Agents, Inc. v. Illescas[33] as follows: Black's Law Dictionary defines "accident" as "[a]n unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated, x x x [a]n unforeseen and injurious occurrence not attributable to mistake, negligence, neglect or misconduct." The Philippine Law Dictionary defines the word "accident" as "[t]hat which happens by chance or fortuitously, without intention and design, and which is unexpected, unusual and unforeseen." "Accident," in its commonly accepted meaning, or in its ordinary sense, has been defined as: [A] fortuitous circumstance, event, or happening, an event happening without any human agency, or if happening wholly or partly through human agency, an event which under the circumstances is unusual and unexpected by the person to whom it happens x x x. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence, that causes injury, loss, suffering or death; some untoward occurrence aside from the usual course of events.[34] (Emphasis and of underscoring in the original) Here, support for petitioner's claim that he met an accident comes only from his own handwritten statement[35] and that of AB Magalonga who issued an unnotarized statement dated December 22, 2012,[36] both of which state that petitioner slipped and fell, with his butt, leg and back hitting the floor. However, the Medical Report for Seafarer signed by Capt. Jeremias S. Ferrer, indicates that on December 19, 2012, petitioner complained of back pain above the waistline but that this arose from sickness. The report also says that the possible cause was weather or sea condition, while the tick boxes for fall, tripping, hitting, or slipping were unchecked.[37] The fact that petitioner simply complained of lower back pain was confirmed by the initial medical report of the company-designated physician, which states: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 7/14