6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Feeling aggrieved, both petitioner and Ernesto filed with the CA separate special civil actions for certiorari under Rule 65 of the Rules of Court questioning the above Decision of the NLRC. On June 9, 2016, the CA rendered its assailed Decision with the following dispositive portion: WHEREFORE, premises considered, the petition of Loadstar International Shipping Inc. in CA-G.R. S.P. No. 142689 is DENIED for lack of merit. The petition of Yamson in CA-GR SP No. 142663 is GRANTED. The Decision dated 25 June 2015 and Resolution dated 17 August 2015 of the NLRC are REVERSED and SET ASIDE. We order Loadstar International Shipping Inc. to pay Ernesto Awiten Yamson total and permanent disability benefits in the amount of US$60,000.00 plus ten percent (10%) thereof as attorney's fees, in Philippine currency, at the prevailing rate of exchange at the time of payment. SO ORDERED.[14] Petitioner filed a Motion for Reconsideration, but the CA denied it via its Resolution of December 1, 2016. Hence, the present petition for review on certiorari based on the following grounds: I THE COURT OF APPEALS RESOLVED A QUESTION OF SUBSTANCE IN A WAY NOT IN ACCORDANCE WITH LAW AND APPLICABLE DECISIONS OF THIS HONORABLE COURT IN GRANTING THE PETITION FOR CERTIORARI FILED BY RESPONDENT YAMSON AND IN THE PROCESS AWARDED US$60,000.00 REPRESENTING TOTAL AND PERMANENT DISABILITY BENEFITS CONSIDERING THAT: A. YAMSON DID NOT SUFFER A ISCHEMIC NOR HEMORRHAGIC STROKE WHILE IN THE EMPLOY OF LOADSTAR INTERNATIONAL SHIPPING, INC. THE WEAKNESS IN THE LEFT SIDE OF YAMSON'S BODY FOR WHICH HE WAS REPATRIATED WAS CAUSED BY ISCHEMIA OR REDUCED BLOOD FLOW TO THE BRAIN AND THIS ISCHEMIA WAS CAUSED BY HIS ATHEROMATOUS BASAL VESSEL DISEASE OR A NARROWING OF HIS ARTERIES. THIS IS CONFIRMED BY THE CT SCANS CONDUCTED BOTH BY THE PACIFIC INTERNATIONAL HOSPITAL IN PORT MORESBY, PAPUA NEW GUINEA AND THE MANILA DOCTOR'S HOSPITAL IN MANILA. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139 3/14

Select target paragraph3